OT:RR:NC:N3:139
Mohammad Farooq
Honz Incorporated
101 Janel Drive Lafayette, LA 70507-4954
RE: The classification, country of origin, and country of origin marking of ActFast Naturals
Dear Mr. Farooq:
In your letter dated January 6, 2025, and an earlier submission you requested a classification, country of origin, and country of origin marking ruling.
The item in question has the product name of “ActFast Naturals” You state that ActFast Naturals is an “aromatherapy product” specially formulated with a blend of essential oils. It is designed to help ease discomfort associated with headaches, including migraines, sinus pressure, nausea, nervous tension, and sleeplessness. Coming in the form of a colorless oil at room temperature, it is intended for topical application to promote relaxation, soothe stress, and provide a calming effect. It supports a balanced nervous system while delivering a tonifying and revitalizing experience. It is said to consist of
1. Natural Menthol Crystals from India
2. Natural Camphor Powder from China
3. Eucalyptus Leaf Oil from India
4. Turpentine Bark Oil from China
5. Wintergreen Leaf Oil from India
6. Clove Stem Oil from India
7. Black Cumin Seed Oil (Seed: India, Oil: Extracted in Sri Lanka)
8. Peppermint Leaf Oil from China
In your submission, you stated that you believed that ActFast Natural should be classified under subheading 3304.99.5000 Harmonized Tariff Schedule of the United States (HTSUS) which provides, in part, for “Preparations for the care of the skin (other than medicaments).”as a preparation for skin care. We disagree. Pursuant to Explanatory Note 33.04 (A), ActFast Naturals does not meet the terms of heading 3304 and is therefore precluded from classification there.
The applicable subheading for ActFast Natural will be 3824.99.2900 HTSUS, which provides for “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other”.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States, the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” 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 the marking laws and regulations.
A substantial transformation occurs when, as a result of manufacturing process, a new and different article emerges, having a distinct name, character or use, which is different from that originally possessed by the article or material before being subjected to the manufacturing process. See United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940).
You state the manufacturing process for ActFast Natural consists of taking its various ingredients and carefully blending them according to a specified formula at a facility in Sri Lanka. The mixture is then filled into 10ml roll-on containers, sealed, and packaged for distribution.
CBP has generally held that mere mixing of two substances in another country, not involving a chemical reaction and without additional processing, does not result in a product of such other country. See HQ 561986.
Among the many properties and uses for all of the ingredients of ActFast Natural are various calming, soothing, and analgesic effects. The basic properties of these ingredients in the processing described above remain essentially unchanged. It is our opinion that there is no substantial transformation of the starting materials. Therefore, the ingredients of ActFast Natural retain their original country of origin identity. Specifically, the country of origin of natural menthol crystals, eucalyptus leaf oil, wintergreen leaf oil, and clove stem oil, is India, and the country of origin of natural camphor powder, turpentine bark oil, and peppermint leaf oil, is China. With regard to black cumin oil extracted from seeds of Indian origin in Sri Lanka, we find that the country of origin of this ingredient is Sri Lanka, because oil is a new and different article of commerce which emerged after being extracted from the seeds.
You have proposed to mark what is presumed to be the final retail exterior packaging of ActFast Natural “Made in Sri Lanka.”
As we have determined that there was no substantial transformation of the Chinese and Indian ingredients in ActFast Natural, the proposed marking “Made in Sri Lanka,” does not set forth the correct country of origin. Thus, the proposed marking is unacceptable for this item as the requirements of 19 U.S.C. 1304 and 19 CFR Part 134 have not been met. It is recommended that the final retail exterior packaging, and the roll on container be marked “Product of China, India, and Sri Lanka.”
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist John Bobel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division