The country of origin of Pea Protein Powder Drink Mix.

N323267 January 5, 2022 OT:RR:NC:N:N2:231 CATEGORY: Country of Origin Ms. Lisa Murrin Expeditors Tradewin 795 Jubilee Drive Peabody, MA 01960 RE: The country of origin of Pea Protein Powder Drink Mix. Dear Ms. Murrin: In your letter dated December 16, 2021, on behalf of Glanbia Nutritionals, Inc, you requested a country of origin ruling determination on Pea Protein Powder Drink Mix. The merchandise under consideration is BevEdge Pea Protein Powder Drink Mix. You state that peas grown in Canada are exported to China where the legume is screened, cleaned, soaked and ground to remove the hull. The product undergoes a centrifugal and physical separation to segregate the insoluble pea fiber from the pea starch and impurities. The resulting pea protein liquid is heated up to 50°C, placed in a centrifuge for further separation, homogenized, sterilized, spray dried and packed. BevEdge Pea Protein Powder Drink Mix is intended for use as a beverage mix upon importation into the United States. 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. When considering a product that may be subject to antidumping, countervailing, or other safeguard measures, the substantial transformation analysis is applied to determine the country of origin. See 19 C.F.R. § 102.0; HQ 563205, dated June 28, 2006; see also Belcrest Linens v. United States, 741 F.2d 1368, 1370-71 (Fed. Cir. 1984) (finding that “the term ‘product of’ at the least includes manufactured articles of such country or area” and that substantial transformation “is essentially the test used…in determining whether an article is a manufacture of a given country”). 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). Regarding the merchandise at issue, peas grown in Canada are exported to China where they are processed (cleaned, soaked, ground, centrifuged etc.). We find the processing that occurs in China does constitute a substantial transformation. The country of origin of the finished product is the People’s Republic of China. 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 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