The country of origin of Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0) for use in herbicides, in the form of a concentrate

N332501 May 24, 2023 OT:RR:NC:N3: 140 CATEGORY: Origin Paul Fong Kenso Inc. 9330 Lyndon B Johnson Fwy, Suite 900Dallas, TX 75243 RE: The country of origin of Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0) for use in herbicides, in the form of a concentrate Dear Mr. Fong: In your letter dated April 26, 2023, you requested a country of origin ruling determination on Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0) in the form of a manufacturing concentrate. The merchandise under consideration is Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0) formulated in your facility in Malaysia. You provided documentation regarding the manufacturing processes in Malaysia to illustrate that in a product batch capacity, about 50% capacity of N-(phosphonomethyl) Glycine (CAS # 1071-83-6) from China will be reacted with about 25% capacity of MIPA (CAS # 75-31-0) in the presence of water to obtain Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0). The process is run in batches until 62% Glyphosate Monoisopropylamine Salt manufacturing concentrate (CAS # 38641-94-0) is produced in liquid form. The 62% Glyphosate Monoisopropylamine Salt concentrate (CAS # 38641-94-0) is shipped to the USA from Malaysia in 1000L IBC Totes. 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). 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). It is our opinion that the country of origin of the Glyphosate Monoisopropylamine Salt (CAS # 38641-94-0), having undergone a chemical reaction, mixing, and formulating, will be Malaysia. 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