Mixing Foreign Quinoa With US Rice Not a 'Substantial Transformation,' CBP Says

The mixing of quinoa from Bolivia with rice and lentils in the U.S. does not result in a substantial transformation, CBP said in a recently released ruling. J.M. Smucker asked CBP for a ruling on country of origin marking requirements for a multigrain herb pilaf. CBP said in the June 29 ruling (HQ H262295) that the pilaf must be marked to indicate that the quinoa is a product of Bolivia.

The company asked CBP about country of origin marking for the pilaf, made up of Bolivian quinoa, rice of the U.S. and lentils from Canada. The ingredients are combined in the U.S. with a dry seasoning mix packet, it said. Under NAFTA marking rules, the lentils do undergo the requisite tariff shift, CBP said. The pilaf is classified in heading 1006 and the tariff shift rule occurs with a change to heading 1001 through 1008 from any other chapter, the agency said. As a result, "the Canadian origin of the lentils does not need to be reflected on the herb pilaf product that reaches the ultimate purchaser," CBP said.

Past CBP rulings have said that mixing foreign-grown produce in the U.S. with domestic produce doesn't create a substantial transformation. "Similarly, the quinoa is not subjected to additional processing in the United States, but is only blended with the U.S.-origin rice to create the herb pilaf," the agency said. As a result, CBP said the herb pilaf package "must list the foreign country of origin of the quinoa, i.e., 'Bolivia.'”