The country of origin of 2,4-DB DMA Salt (CAS # 2758-42-1), in the form of a manufacturing concentrate

N331554 April 7, 2023 OT:RR:NC:N3: 140 CATEGORY: Country of Origin Mr. Paul FongKENSO INC9330 Lyndon B Johnson FwyDallas, TX 75243 RE: The country of origin of 2,4-DB DMA Salt (CAS # 2758-42-1), in the form of a manufacturing concentrate Dear Mr. Fong: In your letter dated March 15, 2023, you requested a country of origin ruling determination on 2,4-DB DMA Salt (CAS # 2758-42-1) imported from Malaysia. The merchandise under consideration is a 2,4-DB-Dimethylammonium herbicide (CAS # 2758-42-1).  Your provided documentation regarding the manufacturing processes illustrates that 2,4-DB Acid (CAS # 94-82-6), a stable dormant solid form molecule insoluble in water and imported from China, will be sent to the Malaysia facility and will chemically react with liquid chemical Dimethylamine (DMA) (CAS # 124-40-3) from India and Korea to form 2,4-DB DMA Salt also known as 2,4-DB-Dimethylammonium (CAS # 2758-42-1).  After the production of the water-soluble 2,4-DB DMA Salt (CAS # 2758-42-1), the 2,4-DB DMA Salt Concentrate (CAS # 2758-42-1) is then mixed proportionately with other ingredients and further diluted with water to obtain the end use finished product for shipment to the USA in 1000L IBC Totes. 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 test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character or use, different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 69 C.C.P.A. 151 (1982). 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 2,4-DB-Dimethylammonium (CAS # 2758-42-1), having undergone a chemical reaction, mixing, and formulating, will be Malaysia. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs.  Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Evan Thomas at evan.b.thomas@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division