CLA-2-12:OT:RR:NC:N5:229
Mr. Stan Vick
Kuehne + Nagel Inc.
4100 North Commerce Drive
East Point, GA 30344
RE: The country of origin and marking of psyllium husk fiber
Dear Mr. Vick:
In your letter dated January 14, 2026, you requested a country of origin and marking ruling on psyllium husk
fiber on behalf of your client, J. Rettenmaier USA LP.
A narrative description of the manufacturing process accompanied your letter.
You have outlined a scenario in which you plan to import raw psyllium husk sourced from India into
Germany for further processing. In Germany, the psyllium husk is first sterilized by steam treatment at
temperatures ranging from 60 to 120 degrees Celsius. After sterilization, the psyllium husk is grinded and
milled into a fine powder. The finished product is then packaged and shipped to the United States, where it
will be sold at retail for human consumption at the time of importation with an intended use as an additive to
food ingredients.
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. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940).
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the
country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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.
A substantial transformation occurs when, as a result of manufacturing process, a new and different article
emerges, having a distinct name, character or use, which is different from that originally possessed by the
article or material before being subjected to the manufacturing process. See United States v.
Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940).
In this case, the manufacturing process performed in Germany, which consists of sterilization, milling, and
grinding the psyllium husk into a powder would not effect a substantial transformation. The operations that
are performed in Germany do not create an article with a new name, character, or use different from that
possessed by the article prior to processing. Accordingly, the finished good is a product of India. Therefore,
the product label must be marked in a conspicuous place as legibly, indelibly and permanently as the nature
of the containers will permit to indicate that the psyllium husk fiber is "Made in," "Product of," or other
words of similar meaning, India.
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 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.
This ruling is being issued under the provisions of Part 177 of Title 19 of the Code of Federal Regulations
(19 C.F.R. Part 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 Christopher Gangaprashad at [email protected].
Sincerely,
(for)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division