The country of origin of freeze-dried strawberries from Morocco

N306389 October 16, 2019 CLA-2-08:OT:RR:NC:N2:228 CATEGORY: Country of Origin Ms. Ricki Diaz American Lamprecht 700 Rockaway Tpke Lawrence, NY 11559 RE: The country of origin of freeze-dried strawberries from Morocco Dear Ms. Diaz: In your letter dated August 27, 2019, you requested a country of origin ruling on behalf of your client, Paradise Fruits North America Inc., MA. You inquire as to the country of origin of freeze-dried strawberries from Morocco. The strawberries are said to be grown, harvested, and frozen in Morocco, then shipped to China where they are sorted, sliced or diced, freeze-dried, and repackaged in bulk poly bags and in boxes. After repackaging the strawberries are shipped to their final destination, the United States. The "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. The courts have held that 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); Anheuser Busch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).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). Substantial transformation determinations are based on the totality of the evidence. See Headquarters Ruling (HQ) W968434, date January 17, 2007, citing Ferrostaal Metals Corp. v. United States, 11 CIT 470, 478, 664 F. Supp. 535, 541 (1987). The freeze-drying process performed in China does not change the origin of the strawberries because the process in China does not result in a substantial transformation of the strawberries. In short, the process begins with strawberries and ends with strawberries. As a result, the strawberries will be considered a product of Morocco.  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 Bruce N. Hadley Jr. at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division