The country of origin of Sparkling Wine from Italy

N295209 April 4, 2018 CLA-2:OT:RR:NC:N2:232 CATEGORY: Origin Sarah Scipione Trans American Global Logistics 4902 North America Drive Buffalo, NY 14092 RE: The country of origin of Sparkling Wine from Italy Dear Ms. Scipione: In your letter dated March 14, 2018, on behalf of your client, FREIXENET USA, you requested a ruling on the country of origin of Sparkling Wine. The subject merchandise is Sparkling Wine imported in 750ml bottles. According to the information provided to this office, Glera and Pinot Noir grapes grown and harvested in Italy were pressed to extract their juice. The grape juice is fermented at low temperatures producing a blend of Glera and Pinot Noir wine. The blend is sent to Spain in controlled temperature tanks where it was filtered and cold stabilized. Yeasts were added to promote the second fermentation under cold temperatures (10 to 12 degrees Celsius) over 10 days. You have stated that as a result of the second fermentation under pressure controlled tanks, the wine is transformed into a sparkling wine which is then filtered and sweetened with 17 grams per liter of sugar. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided at 19 CFR 134.1(b), the "country of origin" of an article is the country of manufacture, production, or growth. Further work or material added in a second country must effect a substantial transformation in order to render the second country the country of origin. A substantial transformation is generally said to occur if, after processing an article emerges having a new name, character or use. See 19 CFR 134.35. In this instance, the question is whether the process of a second fermentation to produce a sparkling wine results in a substantial transformation. It is the opinion of this office that this process does not substantially transform the Italian wine. Wine is sent to Spain and after it is made sparkling, it remains Italian Wine. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act) which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the website www.fda.gov/oc/bioterrorism/bioact.html. 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 Frank Troise at frank.l.troise.cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division