OT:RR:NC:N1:128
Rachael Harris
Chewy, Inc.
7700 West Sunrise Blvd
Plantation, FL 33313
RE: The country of origin of cat litter.
Dear Ms. Harris:
In your letter dated April 1, 2025, you requested a country of origin ruling on on cat litter referred to as
Frisco Multi-Cat Unscented Clumping Clay Cat Litter, item number 1349358.
You state that natural sodium bentonite clay mined in the United States, but not processed in any way, is
shipped to Canada. In Canada, limestone and a dedusting agent comprised of water and cellulose, both
sourced in Canada, are mixed with the sodium bentonite to produce cat litter. The finished product is
comprised of approximately 80% by weight of sodium bentonite clay, with the limestone and dedusting agent
supplying the balance. The cat litter is then packaged and shipped from Canada to the United States for retail
sale.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every
article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly,
indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to
indicate to the ultimate purchaser in the United States, the English name of the country of origin of the
article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to
know by an inspection of the marking on the imported goods the country of which the goods is the product.
The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by
knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should
influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” 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 the marking laws and regulations.
Pursuant to section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and other
USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set forth in
sections 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with respect
to goods imported from Canada and Mexico. Section 102.11 provides a required hierarchy for determining
the country of origin of a good for marking purposes, with the exception of textile and apparel goods which
are subject to the provisions of 19 CFR 102.21. See 19 CFR 102.11.
Applied in sequential order, 19 CFR 102.11(a) provides that the country of origin of a good is the country in
which:
(1) The good is wholly obtained or produced;
(2) The good is produced exclusively from domestic materials; or
(3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set
out in Part 102.20 and satisfies any other applicable requirements of that section, and all other applicable
requirements of these rules are satisfied.
The Frisco Multi-Cat Unscented Clumping Clay Cat Litter is comprised of components sourced in both the
United States and Canada. It is therefore neither wholly obtained or produced, nor produced exclusively
from, domestic materials of any one country. Rule (3) therefore applies.
Section 102.20 sets forth specific rules by tariff classification. The pertinent tariff shift rule reads, “A change
to headings 6814 through 6815 from any other Chapter.”
From the information you provided, the sodium bentonite clay is mined in the United States. It is not
processed in any way before export to Canada, and meets the requirements of Chapter 25 Note 1. It is
therefore classified in Chapter 25. The cat litter produced in Canada is be classified in heading 6815 upon
importation into the United States. This satisfies the tariff shift requirements of 19 CFR 120.20. As such, the
country of origin of the Frisco Multi-Cat Unscented Clumping Clay Cat Litter, item number 1349358, is
Canada.
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.
In your ruling request you ask if the Frisco Multi-Cat Unscented Clumping Clay Cat Litter can be marked
“Made in the USA.” If a good is determined to be an article of U.S. origin, it is not subject to the country of
origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase “Made
in the USA” or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade
Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania
Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is
made in the U.S.
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 Nicole Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division