The country of origin of Mesotrione (CAS# 104206-82-8)

N330321 February 16, 2023 OT:RR:NC:N3:140 CATEGORY: Origin Fernando Arias ATTICUS LLC 940 NW Cary Parkway #200Cary, NC 27513 RE: The country of origin of Mesotrione (CAS# 104206-82-8) Dear Mr. Arias: In your letter dated January 17, 2023, you requested a country of origin ruling on Mesotrione (CAS# 104206-82-8) imported from Taiwan. The instant product is a 40% percent Mesotrione (CAS# 104206-82-8), which will be used as a herbicide.  The country of origin of Mesotrione (CAS# 104206-82-8) is China or India.  In the manufacturing process in Taiwan, ingredient Mesotrione (CAS# 104206-82-8) 98% will be mixed with Inert Ingredients, namely dispersants, wetting agents, bactericides, and emulsifiers from USA and Europe. Country of Origin 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 test for determining whether a substantial transformation will occur 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. See Texas Instruments Inc. v. United States, 69 C.C.P.A. 151 (1982).   You state in your provided materials that no chemical reaction occurs in the manufacture of this product.  The final product remains essentially Mesotrione, only in a form and dilution that can be used by the end user.  The production processes simply change the Mesotrione from a bulk technical grade to an end use form of the product, meaning that the product simply changes grade. It is our opinion that the Country of Origin for the 40% percent Mesotrione (CAS# 104206-82-8), which you state is the end result, having undergone no chemical reaction when imported into the United States, will be based on the origin of the Mesotrione (CAS# 104206-82-8). The country of origin of the product is India when Mesotrione (CAS# 104206-82-8) originates from India.  Similarly, the country of origin of the product is China when Mesotrione (CAS# 104206-82-8) originates from China. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs.  Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov. 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 EVAN THOMAS at [email protected] Sincerely, Steven A. Mack Director National Commodity Specialist Division