OT:RR:NC:N4:422
Mr. Patrick Caulfield
Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
599 Lexington Ave, Fl 36
New York, NY 10022
RE: The country of origin of plastic tableware and plastic containers
Dear Mr. Caulfield:
In your letter dated March 13, 2026, on behalf of your client, FreshWare Solutions, Inc., you requested a
ruling on the country of origin for marking and trade remedy purposes of plastic tableware and plastic
containers.
The merchandise under consideration are described as plastic tableware and plastic containers as follows:
1. Disposable plastic cutlery (knives, forts, and spoons)-Thin-wall injection molded cutlery, typically
150–180 mm length, approximately 2–5 g per unit, smooth edges for safety.
2. Plastic food containers (rectangular bowls/boxes)-Rectangular containers in multiple sizes (e.g., 16 oz
to 38 oz), typical wall thickness 0.5–1.0 mm, features may include sealing rims and stackable
geometry.
3. Plastic lids-Injection molded lids matched to corresponding container sizes, designed to create secure
closure. Typical lid thickness 0.4–0.6 mm with snap-fit or seal features.
4. Food service container sets (base + lid systems)-Finished set comprised of base container and lid,
designed for commercial food service distribution, featuring impact resistance, stackability, and secure
closure.
Country of origin
In your request, you stated that these goods will be manufactured in the Dominican Republic using resins and
additives imported from various countries including the United States, Saudi Arabia, Vietnam, Brazil, and
Colombia.
The raw materials are as follows:
1. Polypropylene (PP) Food-Grade Resin
2. Polystyrene (PS) Resin – GPPS/HIPS (as applicable)
3. Food-Grade Color Masterbatch (Pellets)
4. Calcium Carbonate–Filled Masterbatch (Filler Masterbatch)
5. Processing Additives (Standard formulation for plastic tableware products do not use processing
additives. However, in very limited cases, certain products use very limited amounts of processing
additives to serve as stabilizers, antistatic agents, and modifiers.)
The manufacturing processes in the Dominican Republic entail the following steps:
1. Pellet Testing
2. Drying
3. Formulation / Mixing (Masterbatch and Additives)
4. Injection Molding
5. Cooling and Solidification
6. Demolding
7. Deflashing and Gate Trimming
8. Quality Inspection
9. Sorting and Packaging
When determining the country of origin for purposes of applying current trade remedies, the substantial
transformation analysis is applicable. See, e.g., Headquarters Ruling Letter 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).
Additionally, 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).
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.
This office has reviewed the provided manufacturing process information and finds that the manufacturing
processes performed in the Dominican Republic result in a substantial transformation, such that the materials
lose their individual identities and become an integral part of a new article, possessing a new name, character,
and use. Accordingly, we find that the country of origin for the plastic tableware and plastic containers is the
Dominican Republic for marking and trade remedy purposes.
Trade Program
In your submission you ask whether the merchandise at issue may qualify for preferential treatment under the
Dominican Republic - Central America Free Trade Agreement (DR-CAFTA).
Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in
certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:
No ruling letter will be issued with respect to any issue which is pending before the United States
Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court
of appeal therefrom.
As such, CBP will not issue a trade agreement ruling with regard to your merchandise at this time. The trade
agreement determination may be impacted by court cases currently pending in the Court of International
Trade. See Maple Trade Corporation v. United States, Ct. No. 25-00211. If you wish, you may resubmit your
request for a prospective ruling after the appropriate court case have been resolved.
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 Dana L. Giammanco at [email protected].
Sincerely,
(for)
James P. Forkan
Director
National Commodity Specialist Division