THE COUNTRY OF ORIGIN MARKING OF FROZEN EZ PEEL SHRIMP

N289554 September 21, 2017 MAR-2 OT:RR:NC:N2:231 CATEGORY: MARKING Ms. Sonia Medina Flegenheimer International 227 W. Grand Avenue El Segundo, CA 90245 RE: THE COUNTRY OF ORIGIN MARKING OF FROZEN EZ PEEL SHRIMP Dear Ms. Medina: This is in response to your letter dated August 22, 2017 on behalf of Eastern Fish Company, LLC (Teaneck, NJ) in which you requested a country of origin ruling for Frozen EZ Peel Shrimp. You have outlined a scenario in which raw, frozen headless shrimp of the pleoticus muelleri species from Argentina will be shipped to China for processing into easy-to-peel shrimp. The processing will consist of thawing, grading, a knife cut across the back of the shrimp, deveining, washing, soaking in food additive and salt. Subsequently, the product will be rewashed, graded by size, frozen and packed for shipping. The shrimp will be imported into the United States in plastic bags with a total net weight of 2 pounds. Each master case will contain 10 bags which in turn will have a total net weight of 20 pounds per master case. You seek a determination as to the proper country of origin for marking purposes of the processed shrimp. With regard to country of origin, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Pursuant to 19 CFR Section 134.1(b), the country of origin is 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 country the country of origin within the meaning of Part 134 of the regulations. A substantial transformation occurs when a new and different article of commerce emerges from a process with a new name, character or use different from that possessed by the article prior to processing. See United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940). In the present case, we find that the processing undertaken by the means you outline at the facility in China does not effect a substantial transformation. Accordingly, we find that the Frozen EZ Peel Shrimp retain their initial country of origin status and is a product of Argentina for U.S. Customs and Border Protection 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 Ekeng Manczuk at Ekeng.Manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division