OT:RR:NC:N3:139
Corey Shaw
Jiaherb Incorporated
1 Chapin Road, Unit 1
Pine Brook, NJ 07058
RE: The country of origin of a kava based product
Dear Mr. Shaw:
In your letter dated June 6, 2025, and an earlier submission, you requested a country of origin ruling on a
product containing kavalactones.
The items under review go under the product name “KavaKalm™ Kava Extract 30%” You state that in the
imported product six different kavalactone compounds (Kavain, Dihydrokavain, Methysticin,
Dihydromethysticin, Yangonin, and Desmethoxyyangonin) are present after having been extracted from kava
plants. You state that KavaKalm™ Kava Extract 30% will be used as an ingredient in food, beverage,
pharmaceutical, and cosmetic products.
Kava plants from Vanuatu are harvested and sent to China where they undergo testing and a supercritical
extraction with carbon dioxide. After that, they undergo a concentration and spray drying process with corn
maltodextrin, and corn starch. A dry extraction and testing of the semi-finished product then occurs after
which the product is grinded and sifted, mixed, placed in inner packaging, tested again, and then placed in
outer packaging for exportation.
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).
Kavalactones present inside a kava plant undergo several processes in order to be extracted, combined with
corn maltodextrin, and corn starch, and are ultimately turned into a powdery substance suitable for further
manufacturing into other products. The kava plant of Vanuatu origin has undergone a substantial
transformation. The operations performed in China result in a product with a different name, character, or
use. The essential character of the kava based product has changed. Accordingly, the country of origin of the
finished product is China.
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 John Bobel at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division