The country of origin of Blended Olive Oils.

N307467 December 3, 2019 OT:RR:NC:N2:N231 CATEGORY: Country of Origin Mr. Jose Cantu Laredo Custom House Brokers 505 Union Pacific Boulevard Laredo, Texas 78045 RE: The country of origin of Blended Olive Oils. Dear Mr. Cantu: In your letter dated November 7, 2019, you requested a country of origin ruling determination on “Blended Olive Oils” on behalf of your client, Maeva USA, Inc. (Philadelphia, PA). The merchandise under consideration is olive oil blended in varying proportions. Item number H90914E, H90915E, H90916E, H9117E, H90721E are composed of a blend of olive oil from Tunisia (80 percent) and Spain (20 percent). Item number H90708E, H90817E are composed of a blend of olive oil from Tunisia (10 percent) and Spain (90 percent). Item number H9081T, H9087T, H9066T, H9082T are composed of a blend of olive oil from Tunisia (25 percent) and Spain (75 percent). Item number H9071M, H9072M are composed of a blend of olive oil from Tunisia (5 percent) and Spain (95 percent). 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 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). Customs has consistently held that blending a product from one country with the same product of another country does not constitute a substantial transformation. Similarly, we find in this case that the refining process does not alter the essential character of the crude olive oil and thus the product does not become a new article of commerce. Rather, the refined olive oil retains the fundamental character as well as the name and use of the crude product. Since the olive oils are not substantially transformed as a result of the blending and refining process in the various countries, when the product is imported into the United States the marking must reflect the country where the product was harvested, pressed and packed. The markings for the products at issue should be “Produced in Tunisia and Spain, Packed in Spain”. 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 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 Regulations (19 CFR Part 177). This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division