The country of origin of Processed Crabmeat

N349326 May 28, 2025 OT:RR:NC:N5:231 CATEGORY: Origin Peter Quinter Gunster, Yoakley & Stewart, P.A. 600 Brickell Avenue Suite No. 3500 Miami, FL 33131 RE: The country of origin of Processed Crabmeat Dear Mr. Quinter: In your letter dated May 22, 2025, you requested a country of origin ruling on you requested a country of origin ruling on behalf of your client, Supreme Crab & Seafood, Inc. (Weston, FL). You have outlined a scenario in which Red Swimming Crabs (Monomia haanii previously Portunus haanii) will be caught on the coast of China and then shipped whole and frozen to Vietnam where they will be weighed, sorted, thawed, steamed, cooled, and the meat will be handpicked and packed in cans or frozen in bags. The cans will be sealed, pasteurized, refrigerated and then sold to the food service industry, including retailers and manufacturers upon importation 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.” 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). Regarding the above-described processed crabmeat product, this office finds that the article is substantially transformed due to processing that is performed in Vietnam which has resulted in a new and different product. Accordingly, based on the information presented, the crabmeat is a product of Vietnam. Please note that seafood is subject to the Mandatory Country of Origin Labeling (COOL) requirements administered by the USDA?s Agricultural Marketing Service (AMS). We advise you to check with that agency for their further guidance on your scenario. Contact information for AMS is as follows: USDA-AMS-LS-SAT Room 2607-S, Stop 0254 1400 Independence Avenue, SW Washington, DC 20250-0254 Tel. 202.720.4486 Website: www.ams.usda.gov/COOL Email address for inquiries: COOL@usda.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 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 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 Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division