THE COUNTRY OF ORIGIN OF BLENDED OLIVE OIL

N307493 November 22, 2019 MAR-2 OT:RR:NC:N2:231 CATEGORY: ORIGIN Ms. Maryse Verret Overseas Food Trading 2200 Fletcher Avenue Suite No. 702 Fort Lee, NJ 07024 RE: THE COUNTRY OF ORIGIN OF BLENDED OLIVE OIL Dear Ms. Verret: In your letter dated November 8, 2019, you requested a country of origin ruling determination on “Blended Oils”. The subject merchandise is five various blended olive oils from different countries and packed in either Italy or Spain. Item Number One is composed of 100 percent extra virgin oil harvested and pressed in Portugal. Item Number Two is composed of a blend of extra virgin olive oil harvested and pressed in Portugal (50 percent), Spain (35 percent) and Tunisia (15 percent). Item Number Three is composed of a blend of extra virgin olive oil harvested and pressed in Spain (50 percent), Tunisia (30 percent) and Italy (20 percent). Item Number Four is composed of a blend of extra virgin olive oil harvested and pressed in Tunisia (60 percent). Turkey (35 percent) and Spain (5 percent). Item Number Five is composed of a blend of refined olive oil and extra virgin oil. The refined oil is harvested, pressed and refined in Italy (95 percent). The extra virgin is harvested and pressed in Spain (5 percent). The first two items will be packed in Spain; and the last three items in Italy. The five products under review will be packed six per carton in 2-liter and 3-liter bottles, respectively. 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 as follow - Item Number One – Produced in Portugal, Packed in Spain. Item Number Two – Produced in Portugal, Spain and Tunisia, Packed in Spain Item Number Three – Produced in Spain, Tunisia and Italy, Packed in Italy Item Number Four – Produced in Tunisia, Turkey and Spain, Packed in Italy Item Number Five – Produced in Italy and Spain, Packed in Italy 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 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.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division