CLA-9:OT:RR:NC:N5:231
Mr. ByeongGeun Kim
Haeseong Foodtek Co. Ltd.
36-1, Janghanggongdan-gil 10beon-gil
Janghang-eup, Seocheon 33660
South Korea
RE: The tariff classification, country of origin and marking of Red Chili Pepper Powder
Dear Mr. Kim:
In your letter dated December 10, 2025, you requested a tariff classification, country of origin and marking
ruling on Red Chili Pepper Powder.
The subject merchandise is Red Chili Pepper Powder. The product consists of 100 percent pure red chili
peppers with no added spices, starch, colorants, preservatives, or other additives. You state that the
production process begins in China where the fresh chili peppers are grown, harvested, and frozen. The
peppers are imported to South Korea for drying, thermal sterilization (heat treatment), grinding. The final
product is packaged in bulk sized containers for distribution to supermarkets, and in retail sized containers for
food and sauce manufacturing facilities.
You seek a determination as to the tariff classification, country of origin, and marking of the above-described
product.
Classification:
The applicable subheading for the Red Chili Pepper Powder will be 0904.22.7600, Harmonized Tariff
Schedule of the United States (HTSUS), which provides for: “Crushed or ground: Of the genus Capsicum
(including cayenne Pepper, paprika and red pepper): Other.” The rate of duty will be 5 cents per kilogram.
Origin:
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).
Regarding the above-described Red Chili Pepper Powder, this office finds that the article is substantially
transformed due to processing that is performed in South Korea. The operations that are performed in South
Korea create an article with a new name, character, or use different from that possessed by the article prior to
processing. Accordingly, based on the information presented, the finished good is a product of South Korea.
Marking:
The submitted inquiry also contained a request for the marking for the merchandise at issue. You did not
submit pictorial representations of the bulk sized products nor marked samples of the retail sized packaging.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless
excepted, every article of foreign origin (or its container) imported into the U.S. 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 U.S. the English name of the country
of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is
considered conspicuous if the ultimate purchaser in the United States is able to find the marking easily and
read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)),
provides that as a general rule marking requirements are best met by marking worked into the article at the
time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk,
molded in or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides
that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate
purchaser unless deliberately removed is acceptable.
Pursuant to 19 CFR § 134.33, commonly referred to as the “J-List”, articles of a class or kind listed below are
excepted from the requirements of country of origin marking in accordance with the provisions of section
304(a)(3)(J), Tariff Act of 1930, as amended (19 U.S.C. 1304(a)(3)(J)). However, in the case of any article
described in this list which is imported in a container, the outermost container in which the article ordinarily
reaches the ultimate purchaser is required to be marked to indicate the origin of its contents in accordance
with the requirements of subpart C of this part.
Section 14 of the Miscellaneous Trade and Technical Corrections Act of 1996, Pub. L. 104-295, 110 Stat.
3514 (October 11, 1996) amended the country of origin marking statute (19 U.S.C. 1304) to exempt imports
of certain specified coffee, tea and spices from the marking requirements of 19 U.S.C. 1304 subsections (a)
and (b). Goods classifiable in subheadings 0904.22 (formerly 0904.20), HTSUS, including the “Red Chili
Pepper Powder” discussed in this ruling, is among the products included in this statutory marking exemption.
Accordingly, the bulk sized packaging of the product at issue is excepted from individual marking, provided
that the outermost containers at the time of importation are legibly, conspicuously, and permanently marked
with the country of origin.
By contrast, the retail-sized packages of the product does not qualify for the J-List exception. The imported
retail packages must be legibly, conspicuously, and permanently marked with the country of origin.
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).
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 any questions regarding the ruling, please contact
National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division