The country of origin of Ethyl Lactate (CAS No. 687-47-8)

N342865 January 6, 2025 OT:RR:NC:N3:140 CATEGORY: Origin Chloe Jung Purit Co., Ltd. 21, Sabak-gil, Angang-eup, Gyeongju-si, Gyeongsangbuk-do, KoreaGyeongju-si, 38029South Korea RE:  The country of origin of Ethyl Lactate (CAS No. 687-47-8) Dear Ms. Jung: In your letter dated September 26, 2024, you requested a country of origin ruling on ethyl lactate, CAS No. 687-47-8. We referred the information provided to our laboratory for review. We regret the delay. Ethyl Lactate is also known as Ethyl L-lactate. You indicate that it is used as a thinner in semiconductor manufacturing processes and is utilized as a high-purity solvent for cleaning and dissolution. It plays a crucial role in cleaning and preparing surfaces on semiconductor equipment. You provided documentation on the manufacturing process in South Korea. The CBP Laboratory reviewed the submission and concluded that a chemical esterification reaction occurs during the processing performed in South Korea. During the chemical process, lactic acid of Chinese origin is transformed into ethyl lactate. When determining the country of origin for purposes of applying current trade remedies under Section 301, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. 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, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). Based upon the information provided, it is the opinion of this office that the country of origin of the ethyl lactate, having undergone a chemical reaction will be South Korea. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to tsca-hotline@epa.gov, or by visiting their website at www.epa.gov. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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 Merari Ortiz at merari.ortiz@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division