The country of origin of Polymethyl Hydride Siloxane.

N308425 January 8, 2020 OT:RR:NC:N:1:137 CATEGORY: Country of Origin Tim Flisikowski US Silicon Trading, LLC 913 N. Market Street, Suite 20 Wilmington, DE 19801 RE: The country of origin of Polymethyl Hydride Siloxane. Dear Mr. Flisikowski: In your letter dated December 17, 2019 you requested a country of origin ruling determination on Polymethyl Hydride Siloxane. The merchandise under consideration is Unisil SL 136-157 M. The product is described as polymethyl hydride siloxane, a silicon organic liquid free of solvents. It reduces capillary water of treated surfaces. You state that silicon metal and chloromethyl will be synthesized in the United Kingdom to produce trimethylchlorosilane and methyldichlorosiloxane. These monomers will undergo hydrolysis in the United Kingdom to produce crude polymethyl hydrosiloxane. This mixture undergoes sedimentation in order to separate some of the acid. The remaining crude liquid is analyzed, packaged and sent to Hungary for futher processing. The crude polymethyl hydrosiloxane is sent to Hungary where it is purified and packaged. It is first sedimented and the separated acid is drained. Then filter perlite powder is added and stirred which will result in the purification of the crude liquid allowing the rest of the acid and impurities to be absorbed by perlite. After treatment with perlite the remaining content is filtered through a bag filter via pneumatic pump. It is then poured into a prepared container which is packed and labeled. 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).However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983). Substantial transformation determinations are based on the totality of the evidence. See Headquarters Ruling (HQ) W968434, date January 17, 2007, citing Ferrostaal Metals Corp. v. United States, 11 CIT 470, 478, 664 F. Supp. 535, 541 (1987).The crude polymethyl hydrosiloxane liquid is simply purified and packaged for retail sale. In previous rulings, “CBP has consistently held that refining or purification of a crude substance does not generally effect a substantial transformation that results in a different article of commerce with a new name, character, or use”. HQ ruling H113256, dated December 27, 2010. It is our determination that the purification, and retail packaging in Hungary does not constitute a substantial transformation; therefore, the Polymethyl Hydride Siloxane remains a product of the United Kingdom. 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 Christina Allen at julie.c.allen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division