The country of origin of Triclopyr Butoxyethyl Ester (CAS No. 64700-56-7), in the form of an emulsion concentrate.

N312565 June 29, 2020 OT:RR:NC:N3:140 CATEGORY: Country of Origin Mr. Paul Fong Kenso Corporation (M) Sdn Bhd B-9-3, PJ8, Block B West Petaling Jaya, 46050 Malaysia RE: The country of origin of Triclopyr Butoxyethyl Ester (CAS No.: 64700-56-7), in the form of an emulsion concentrate. Dear Mr. Fong: In your letter dated June 17, 2020, you requested a country of origin ruling determination on Triclopyr Butoxyethyl Ester (CAS No.: 64700-56-7). The merchandise under consideration is called Triclopyr ester herbicide. You provided the following description of the processing involved in its manufacture. Kenso will import [(3,5,6-trichloro-2-pyridinyl)oxy]acetic Acid (CAS No.: 55335-06-3) (AKA Triclopyr Acid ) from China into Malaysia. You state that it is a stable dormant “solid form molecule.” Additionally you indicate that the Triclopyr Acid (CAS No.: 55335-06-3) will undergo an esterification process with 2-butoxyethanol (CAS No.: 111-76-2), in the Malaysia facility, to form Triclopyr Butoxyethyl Ester (CAS No.: 64700-56-7, (AKA Triclopyr BEE). After the production of Triclopyr BEE (CAS No.: 64700-56-7), the mixture will then be further formulated into an emulsion concentrate herbicide. This process of mixing and formulating is also performed in Malaysia. 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). It is our opinion that the Country of Origin for the Triclopyr Butoxyethyl Ester (CAS No.: 64700-56-7), having undergone a chemical reaction, mixing, and formulating, will be Malaysia. 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 Paul Hodgkiss at Paul.Hodgkiss@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division