The country of origin of Frozen Octopus

N351528 August 19, 2025 OT:RR:NC:N5:231 CATEGORY: Origin Gala Pons Angulas Aguinaga SAU Calle Valle Laskibar No.5 Irura Gipuzkoa 20271 Spain RE: The country of origin of Frozen Octopus Dear Ms. Pons: In your letter dated July 21, 2025, you requested a country of origin ruling on Frozen Octopus The subject merchandise is Frozen Octopus (Octopus vulgaris). You state that the product is harvested in Food and Agriculture Organization (FAO) of the United Nations Major Fishing Area 34 (Central Eastern Atlantic), specifically in the territorial waters of Morocco and Mauritania. In Morocco, the octopus are caught by three fishing methods: (1) artisanal fishing by small boats that set traps (pots) at night; (2) trawler vessels (industrial vessels); and (3) ice boats. In Mauritania, the octopus are harvested by traps (known as “pots”) that are set by fishermen on the seabed. After harvest, the octopus is transported in refrigerated vehicles to processing facilities located in Morocco and Mauritania. At these facilities, the mollusks are sorted by weight and quality, then frozen, packed, and exported to Spain. In Spain, the octopus is placed in hot water for approximately two hours to begin the thawing process. Each individual octopus is removed from its plastic bag during this phase. The water temperature is not sufficient to cook the product; therefore, the octopus remains in a raw state. Once thawed, the octopus is spread out individually on a conveyor belt and directed into a rotating water container for rinsing. This cleaning process lasts approximately twenty minutes and is intended to remove impurities. Following the rinsing, the octopus is transferred onto another conveyor belt and placed into the hydration phase, which consists of immersion in salt water at room temperature for approximately five days. The stated purpose of this phase is to allow the octopus to rehydrate and regain its shape and appearance, as the mollusk loses weight and color during the freezing stage. Upon completion of the hydration process, the octopus is removed from the water, placed on a conveyor belt, and packed into varying sizes of plastic containers according to the size of each octopus. The containers are then placed into a freezing chamber. Once frozen, the containers are sealed (not vacuum sealed), covered with a plastic film, and labeled. The finished product is subsequently exported to the United States for retail sale to a major marketer of frozen seafood products that specializes in sustainably sourced and wild-caught seafood. 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). A specialized rule governs seafood articles such that, unless the animal was caught or harvested within the territorial waters of a country, the country of origin follows the flag of the catching vessel. This rule of origin, the “Law of the Flag,” was affirmed by the Court of International Trade in Koru North America v. United States, 701 F. Supp. 229 (CIT 1988). The court noted that “in international law, a ship on the high seas is considered foreign territory, functionally, ‘a floating island of the country to which [it] belongs’.” Since the octopus in question is harvested within the territorial waters of Morocco and Mauritania, the special rule applies, and origin is determined by the coastal country of harvest. The subsequent processing in Spain (thawing, washing, hydration, refreezing, and packaging) does not constitute a substantial transformation. Accordingly, the octopus caught in Moroccan waters is a product of Morocco. The octopus caught in Mauritanian waters is a product of Mauritania. If commingled, both countries of origin must be declared on the finished goods. 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 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, (for) James Forkan Acting Director National Commodity Specialist Division