OT:RR:NC:N5:231
Ms. Karen West
Earth Customs, Inc.
28441 Highridge Road
Rolling Hills Estates, CA 90274
RE: The Country of Origin of Shrimp
Dear Ms. West:
In your letter, dated June 26, 2025, you requested a country of origin determination on behalf of International
Pacific LLC, DBA Pacific Supreme Company (Redondo Beach, CA).
You have presented a scenario whereby Whiteleg Shrimp (Litopenaeus vannamei, formerly Penaeus
vannamei) obtained from shrimp broodstock is harvested, beheaded, and frozen in Ecuador. The shrimp is
then shipped to Vietnam to be thawed, peeled, cut, deveined, marinated with wine, corn starch and soybean
oil, frozen, and packaged for exportation to the United States. The finished product that will be sold to the
food service industry will be packed in a plastic bag with a net weight of five pounds.
You seek a determination as to the country of origin of the above-described product.
The “country of origin” is defined in 19 CFR 134.1(b) 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 this part.”
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, 69 C.C.P.A. 151 (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 the present case, we find the processing undertaken by the means you outline at the facility in Vietnam
does not effect a substantial transformation. Accordingly, we find the whiteleg shrimp retains its initial
country of origin status and is a product of Ecuador.
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).
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: [email protected]
This merchandise is 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 301-575-0156, or at the Web site
www.fda.gov/oc/bioterrorism/bioact.html.
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 questions regarding the ruling, contact National
Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division