Country of origin of “Soap for Toilet Use”

N308964 February 3, 2020 MAR-2-34:OT:RR:NC:N3:136 CATEGORY: Origin Claire Reade Arnold & Porter 601 Massachusetts Avenue NW Washington, DC 20001 RE: Country of origin of “Soap for Toilet Use” Dear Ms. Reade: In your ruling request dated January 15, 2020, on behalf of your client, LATHER, Inc., you requested a country of origin ruling on “Soap for Toilet Use.” You describe the subject product as soap, in bar form, provided for use by hotel guests. The soap is shipped from China wrapped in paper or plastic, in cases of 100 to 300 units, intended to be sold to the US hospitality industry. The submission indicates that soap is first produced in Malaysia in the form of soap noodles. These soap noodles are then shipped to a finishing factory in China, where they are finished into individual bars, packaged, and shipped to the United States. You state that the soap noodle manufacturing process is Malaysia is complex, requiring significant resources, equipment, raw materials and time to complete the various processes. The Malaysian manufacturing process is specialized and results in several chemical reactions, including saponification. When shipped to China, the soap noodles are fully suitable for human use and will make-up 98-99% of the finished product. In China, the soap noodles are milled with small amounts of additional ingredients, such as colorants, fragrance, and additional conditioning and preservative adjustments based on individual markets. You state that these additional ingredients make-up 1-2% of the finished product and that the milling process does not result in any chemical reactions. The milled soap is then compressed into a machine, extruded into bars, cut and packaged. In 19 C.F.R. § 134.1(b), “country of origin” is defined 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.” With respect to the subject product, we have determined that the finishing process in China does not result in a substantial transformation of the soap noodles of Malaysian origin. Therefore, in our opinion, the country of origin for the subject product is Malaysia. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 Nuccio Fera at nuccio.fera@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division