THE COUNTRY OF ORIGIN MARKING OF CITRIC ACID ANHYDROUS FROM INDIA

N136361 February 4, 2011 MAR-2 OT:RR:NC:2:240 CATEGORY: MARKING Mr. Ambrish Kamdar Finoric LLC 1263 Chalet Road Suite 211N Naperville, IL 60563 RE: THE COUNTRY OF ORIGIN MARKING OF CITRIC ACID ANHYDROUS FROM INDIA Dear Mr. Kamdar This is in response to your letter dated December 5, 2010, requesting a marking ruling on the manufacture of citric acid anhydrous in India. Your inquiry was submitted to the laboratory for analysis. You state that calcium citrate of Chinese origin and sulfuric acid domestically produced in India will be utilized to manufacture citric acid anhydrous. Calcium citrate and sulfuric acid are reacted together, producing two co-products, calcium sulphate, which is separated out of the solution, and citric acid. The citric acid solution is evaporated resulting in the production of citric acid anhydrous. 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 U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C.1304. Section 134.1(b), Customs 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 U.S. 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." See Texas Instruments, Inc. v. United States, 69 CCPA 152, 681 F.2d 778 (1982. The test for determining if a substantial transformation has occurred is whether an article emerges from a process with a new name, character, or use, different from that possessed by the article prior to processing. Citric acid anhydrous is produced by a single reaction between calcium citrate and sulfuric acid. The chemical processing performed in India to convert the calcium citrate to citric acid anhydrous involves a chemical reaction that fundamentally alters its chemical structure. As a result, calcium citrate and citric acid anhydrous have distinct chemical formulas, names, and unique Chemical Abstract Services ("CAS") numbers. Citric acid anhydrous emerges as a new product from the production of calcium citrate and sulphuric acid; therefore, a substantial transformation has occurred. Citric acid anhydrous is a product of India for Customs purposes. Citric acid and calcium citrate of Chinese origin may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”). This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Stephanie Joseph at 646-733-3268. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division