The Country of Origin of Demand CS ™ Insecticide

N232662 September 28, 2012 CLA-2-38:OT:RR:NC:2:235 CATEGORY: Country of Origin Mr. Michael Jefferson Blythe Syngenta Crop Protection, LLC 410 Swing Road, Greensboro, North Carolina 27419 RE: The Country of Origin of Demand CS ™ Insecticide Dear Mr. Blythe: In your letter dated August 28, 2012 you requested a Country of Origin determination. The instant product is called Demand CS ™. It is indicated to be used as an insecticide. The active ingredient Lambda-Cyhalothrin Technical is produced in Great Britain. It is sent to Belgium where it is processed into the final form in which it will be imported into the United States. The manufacture of the Demand CS™ formulation is a process that involves the micro encapsulation of the active ingredient, Lambda-Cyhalothrin, resulting in a capsule suspension formulation.  The formulation also includes the inert ingredients needed to stabilize the capsules in water and provide good chemical and physical stability.  The result is a capsule suspension containing a specific concentration of the active ingredient Lambda-Cyhalothrin. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. The country of origin for marking purposes is defined at section 19 CFR 134.1(b), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. 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 Part 134. A substantial transformation is effected when a manufacturer or processor converts or combines an article into a new and different article resulting in a change in name, character, or use. Based on the submitted literature, we find that the processing performed in Belgium does not substantially transform the active ingredient. We consider the instant product as a good of the country in which the sole active ingredient was formulated. The Demand CS™ which is manufactured in Great Britain has not been substantially transformed by the processing in Belgium. It is therefore our opinion that the Demand CS™ is a product of Great Britain for marking purposes. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Thomas J. Russo Director National Commodity Specialist Division