The country of origin of kudzu root

N361542June 3, 2026OT:RR:NC:N5:229
CATEGORY: OriginJoyce LiuShandong Wuxing Agricultural Trade Co., Ltd.105 Kaisheng AvenueJining, Shandong 272100ChinaRE: The country of origin of kudzu rootDear Ms. Liu,In your letter dated
May 15, 2026
, you requested a country of origin ruling on kudzu root. The ruling wasrequested for marking purposes. Product information and photos were submitted for our review.You have outlined a scenario in which raw kudzu root (Pueraria Montana) is grown and harvested in China. After the root is harvested, it is manually sorted, surface cleaned, air dried, screened, graded, and packed forexportation from China to the United States. You state the product contains no other ingredients, additives,or excipients and no further processing occurs in other countries. The product is intended for humanconsumption and may be used in home cooking applications.When determining the country of origin, the substantial transformation analysis is applicable. See, e.g.,Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. The test for determining whether asubstantial 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).From the information provided, the kudzu root is not substantially transformed to become a new articlehaving a new name, character, or use after the simple processing performed. Further, the processing takesplace in a singular country, that is, China. Accordingly, the country of origin for the kudzu root will beChina.The holding set forth above applies only to the specific factual situation and merchandise description asidentified 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 theinformation furnished in the ruling letter, whether directly, by reference, or by implication, is accurate andcomplete 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 U.S. Customs andBorder 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 periodicverification by CBP.This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Actof 2002 (The Bioterrorism Act), which is regulated by the 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 sitewww.fda.gov/oc/bioterrorism/bioact.html.This ruling is being issued under the provisions of Part 177 of Title 19 of the Code of Federal Regulations(19 C.F.R. Part 177).A copy of the ruling or the control number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, please contactNational Import Specialist Christopher Gangaprashad at [email protected].
Sincerely,
(for)James P. ForkanDirectorNational Commodity Specialist Division