OT:RR:NC:N3:140
Friederike Goergens
Greenberg Traurig LLP
2101 L Street NW, Suite 1000 Washington, DC 20037
RE: The country of origin of sucralose (CAS No. 56038-13-2) imported in bulk form
Dear Ms. Goergens:
In your letter dated October 28, 2024, you requested a country of origin ruling on behalf of your client, Anhui Jinhe Industrial Co., Ltd. We referred the information provided to our laboratory for review. We regret the delay.
Sucralose (CAS No. 56038-13-2), also known as 4,1′,6′-Trichloro-4,1′,6′-trideoxygalactosucrose, is an artificial sweetener used as a sugar substitute.
Based on the information provided, sucralose-6-acetate sourced from Country A is shipped to Country B where the manufacturing process occurs. You indicate that the production begins with an alcoholysis process which constitutes dissolving sucralose-6 acetate in methanol, followed by a reaction with sodium methoxide to produce sucralose and methyl acetate. The resulting product is neutralized through a resin bed and further subjected to a series of processes to recover reagents, remove impurities, and obtain dried sucralose. The CBP laboratory reviewed the documentation and concluded that the processing performed in country B demonstrates that a chemical reaction occurs transforming sucralose-6-acetate (CAS No. 105066-21-5) into sucralose (CAS No. 56038-13-2).
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 on the information provided, it is the opinion of this office that the country of origin of the sucralose, having undergone a chemical reaction, will be Country B.
Country B is a country other than China and the sucralose is therefore not subject to Section 301 trade remedy duties.
This merchandise may be 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 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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division