The country of origin of Dicamba DMA Herbicide formulated in Malaysia

N347137 May 22, 2025 OT:RR:NC:N3:140 CATEGORY: Origin Paul Fong Kenso Inc 9330 Lyndon B Johnson Fwy, Suite 900 Dallas, TX 75243 RE: The country of origin of Dicamba DMA Herbicide formulated in Malaysia Dear Mr. Fong: In your letter dated March 26, 2025, you requested a country of origin ruling on Dicamba DMA Herbicide. We referred the information provided to our laboratory for review. We regret the delay. The merchandise under consideration is Dicamba DMA Herbicide formulated in Malaysia. You indicate that it is an agricultural herbicide used for weed control in corn, cotton (except California), sorghum, small grains, pasture, hay, rangeland, general farmstead (non-cropland), rights-of-way, public utility and industrial areas, fallow, sugarcane, asparagus, turf, and grass seed crops. The herbicide will be imported in 1,000 liter IBC totes. You provided the following description of the manufacturing process. Kenso will import dicamba acid (CAS No. 1918-00-9) a stable dormant solid form molecule, from China to Malaysia. The dicamba acid will chemically react with dimethylamine (DMA) (CAS No. 124-40-3) in the presence of water to form Dicamba DMA Salt Concentrate (CAS No. 2300-66-5). The Dicamba DMA Salt Concentrate is then mixed with a surfactant and further diluted with water to obtain the end use finished product, Dicamba DMA Herbicide. When determining the country of origin, 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 lab report, a chemical reaction occurs during the manufacturing process performed in Malaysia. It is our opinion that the country of origin of the Dicamba DMA Herbicide, having undergone a chemical reaction 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) 566-1245, 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