The country of origin of Sure® Stay Confident Antiperspirant Deodorant Spray

N355009 November 17, 2025 OT:RR:NC:N3:140 CATEGORY: Origin Peter W. Klestadt GDLSK LLP 599 Lexington Avenue, FL 36 New York, NY 10022-7648 RE: The country of origin of Sure® Stay Confident Antiperspirant Deodorant Spray Dear Ms. Barry: In your letter dated October 16, 2025, you requested a country of origin ruling on behalf of your client, Allied Fragrances Ltd. The subject product is described as an aerosolized antiperspirant deodorant containing the active ingredient aluminum chlorohydrate (ACH) at a 12 percent concentration. The antiperspirant is retail packaged in a 6-ounce aerosol spray can sold under the brand name “Sure® Stay Confident.” You indicate that the active ingredient is the component responsible for the antiperspirant effect of the product, since it forms temporary plugs within the sweat glands to reduce perspiration. You provided a bill of materials and a production process description. The active ingredient, aluminum chlorohydrate (ACH), will be sourced from the United States and shipped to Spain. In Spain, the ACH will be blended with other ingredients sourced from various countries. You indicate that the remaining ingredients serve to support the delivery and performance of the antiperspirant. The bulk product will then be filled into cans, propellant charged and packaged. 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). In this case, we find that there is no substantial transformation as a result of the processing in Spain. Therefore, it is our opinion that the country of origin of the Sure® Stay Confident Antiperspirant Deodorant spray will be the United States. In your request, you ask whether the antiperspirant will be subject to the “Reciprocal Tariffs.” Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. Currently, these duties do not apply to articles that are products of the United States. Therefore, the antiperspirant will not be subject to “Reciprocal Tariffs.” This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.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, (for) Deborah Marinucci Designated Official Performing the Duties of the Division Director National Commodity Specialist Division