The Country of Origin of Fully Cooked Chicken

N345699 February 19, 2025 OT:RR:NC:N2:231 CATEGORY: Origin Mr. Clark Yoshida Clearfreight, Inc. 1960 E Grand Avenue Suite No. 700El Segundo, CA 90245 RE:    The Country of Origin of Fully Cooked Chicken Dear Mr. Yoshida: In your letter, dated February 4, 2025, you requested a country of origin determination on behalf of your client, Nippon Steel Trading Americas, Inc. (Schaumburg, IL). You have outlined a scenario whereby portions of chicken that is raised, slaughtered, cut and packed in the United States are exported to China, where they are processed into the five finished products described below. The first product, “CH THIGH KATSU,” is described as fully cooked and seasoned breaded chicken thigh fritters.  The product is produced using skin-on, bone-in chicken leg quarters which are exported to China, where they are deboned, cut, skinned, tumbled, dusted, battered, powdered, fried, steamed and/or oven heated. The ingredients are skinned boneless chicken legs (59.69 percent), water, breadcrumbs, soybean oil, flour, cassava starch, modified starch, corn starch, salt, sodium tripolyphosphate, soy protein, rice powder, white pepper, guar gum, ginger powder, and mashed garlic.  The finished products are individually quick frozen and then packed six per carton in 2.2-pound bags for shipment to the United States. The second product, “KARAAGE,” is described as fully cooked and seasoned breaded dark meat chicken chunks.  The product is produced using skin-on, bone-in chicken quarters which are exported to China, where they are de-boned, cut, tumbled, dusted, battered, powdered, fried, and steamed.  The ingredients are chicken leg meat (60.39 percent), water, wheat flour, soy sauce, potato starch, soy oil, cassava starch, mashed ginger, cooking wine, mashed garlic, soy protein, corn starch, rice flour, sugar, modified tapioca starch, salt, sodium tripolyphosphate, sodium pyrophosphate, white pepper, xylose, glucose, baking soda, and paprika oleoresin.  The finished products are individually quick frozen and then packed ten per carton in 2.2-pound bags for shipment to the United States. The third product, “KARAAGE PREMIUM,” is described as cooked and seasoned breaded dark meat chicken chunks.  The product is produced using skin-on, bone-in chicken leg quarters which are exported to China, where they are de-boned, cut, tumbled, dusted, battered, powdered, fried, and steamed.  The ingredients are boneless chicken leg meat (73.37 percent), wheat flour, water, potato starch, soy oil, soy sauce, corn starch, cassava starch, rice flour, mashed ginger, soy protein, salt, cooking wine, sugar, modified tapioca starch, mashed garlic, xylose, white pepper, sodium pyrophosphate, sodium tripolyphosphate, glucose, baking soda, paprika oleoresin, garlic powder, and ginger powder.  The finished products are individually quick frozen and then packed ten per carton in 2.2-pound bags for shipment to the United States. The fourth product, “YAKITORI THIGH SAUCE,” is described as cooked and charcoal grilled chicken thigh skewers with sauce.  The product is produced using skin-on, bone-in chicken leg quarters which are exported to China, where they are de-boned, tumbled, cut, skewered, steamed, charcoal grilled, and dipped in sauce.  The ingredients are chicken leg meat (68.99 percent), water, sugar, soy sauce, mirin, modified corn starch, cooking wine, monosodium glutamate, vinegar, caramel coloring, xanthan gum, tapioca starch, xylose, salt, sodium tripolyphosphate, ginger paste, and garlic paste.  The finished products are individually quick frozen and then packed twenty per carton in 1.1-pound bags for shipment to the United States. The fifth product, “YAKITORI TSUKUNE SAUCE,” is described as cooked and grilled chicken ground skewers with sauce.  The product is produced using skin-on, bone-in chicken leg quarters which are exported to China, where they are de-boned, cut, mixed with other ingredients, boiled, skewered, steamed, charcoal grilled, and dipped in sauce.  The ingredients are chicken leg meat (62.29), water, sugar, soy sauce, mirin, modified corn starch, cooking wine, amino acid, vinegar, caramel coloring, xanthan gum, tapioca starch, xylose, salt, sodium tripolyphosphate, ginger paste, and garlic paste.  The finished products are individually quick frozen and then packed twenty per carton in 1.1-pound bags for shipment to the United States. When determining the country of origin for purposes of applying current trade remedies under Section 301, the substantial transformation analysis is applicable.  See, e.g., Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018.  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, 681 F.2d 778 (C.C.P.A. 1982).  This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). Regarding the above-described fully cooked chicken products, this office finds that the articles are substantially transformed by the processing that occurred in China.  Accordingly, based on the information presented, the finished goods are products of China. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of United States Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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 U.S. Food and Drug Administration (FDA).  Information on the Bioterrorism Act can be obtained by calling the FDA at 301.575.0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.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 Ekeng Manczuk at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division