CLA-1-33:OT:RR:NC:N3:136
Gergov Hristo
Monte Nativo Ltd
Jaroslav Veshin 16
Sofia, 1408
Bulgaria
RE: The tariff classification and country of origin of Distilled Rose Water from Bulgaria
Dear Mr. Hristo:
In your ruling request dated June 27, 2022, you requested a tariff classification and country of origin ruling on Distilled Rose Water.
Your submission describes the subject product as bottled distilled rose water, intended for external use only, as a skin and hair care product. The rose water will be packaged for retail sale in 200 ml/6.75 fluid ounce plastic bottles, which are packed in carton boxes. You state that the rose water has been obtained by steam-distillation of Bulgarian Damask rose pedals. This product contains no additives other than the direct distillate. Your submission and provided retail packaging indicate that the raw rose water and final product are produced in Bulgaria.
The applicable subheading for Distilled Rose Water will be 3301.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Other: Other. The general rate of duty will be free.
Country of Origin
"Country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part.”
A substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. United States v. Gibson-Thomsen Co., Inc., 27 CCPA 267, C.A.D. 98 (1940); National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F. 2d 1201 (Fed. Cir. 1993). However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983).
In this case, in response to question six of the submission summary, you have stated that the country of origin is Bulgaria. In addition, your submitted attachments indicate that the subject product is produced in Bulgaria; therefore, the country of origin for the subject product is Bulgaria.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division