The country of origin of Honey

N333594 July 17, 2023 CLA-2:OT:RR:NC:N5:232 CATEGORY: Origin Mr. Willie Oosthuizen African Natural Products 163 Bozeman Circle Wewahitchka, FL 32465 RE:  The country of origin of Honey Dear Mr. Oosthuizen: In your letter dated June 17, 2023, you requested a country of origin ruling. The merchandise under consideration is honey that you say is harvested in Zambia and South Africa.  You further state that in South Africa, the honey is processed, bottled, and exported to 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.”  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).  Customs has consistently held that blending a product from one country with the same product of another country does not constitute a substantial transformation.  As such, we find in this case that the processing procedure you describe does not alter the essential character of the honey and therefore the product does not become a new article of commerce.  Rather, the bottled honey retains the fundamental character as well as the name and use of the initial product.   Since the honey is not substantially transformed as a result of the processing and bottling that is performed in South Africa, when the product is imported to the United States the marking must reflect the country where the honey was harvested.  The marking for the honey at issue should therefore be, “Product of South Africa and Zambia, Packed in South Africa.”  Note that if at any time the honey should be harvested in a country other than South Africa and Zambia, then the name(s) of that country must similarly and also be included in the “Product of” portion of the marking. 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 CFR Part 177). 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 questions regarding the above, contact National Import Specialist Frank Troise at Frank.L.Troise@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division