THE COUNTRY OF ORIGIN OF PISTOLS PRODUCED IN THE UNITED STATES USING DOMESTIC AND IMPORTED COMPONENTS

N288814 August 30, 2017 MAR-2 OT:RR:NC:N1:405 CATEGORY: MARKING Robert Leo Meeks, Sheppard, Leo & Pillsbury 570 Lexington Avenue, 24th Floor New York, NY 10022 RE: THE COUNTRY OF ORIGIN OF PISTOLS PRODUCED IN THE UNITED STATES USING DOMESTIC AND IMPORTED COMPONENTS Dear Mr. Leo: This is in response to your letter dated July 31, 2017, on behalf of Kimber Manufacturing, Inc. (Kimber), requesting a ruling on the country of origin of pistols produced in the United States using domestic and foreign components. Per the information provided with your submission, Kimber will be manufacturing semiautomatic pistols in the United States from both US and Turkish origin components. The pistol model in question is currently identified as the MC28SA, though you indicate this model name may change. The subject pistols will be manufactured by combining a US-origin frame with components that hail from Turkey. You indicate that combining the US-origin frame with the Turkish components to form a fully-functional firearm is an intricate process involving a multitude of steps by trained and skilled Kimber employees. The imported Turkish components are not imported as kits, and they cannot function as a firearm without additional processing and assembly. You indicate that each imported part is inspected for defects, tested for hardness, and that their dimensions are verified by means of a coordinate measuring machine to make sure they meet the necessary specifications. Additional processing such as blending, deburring, tumbling, and chemically coating (bluing), among others, will be performed on the imported parts during the manufacturing process. Once the imported parts have undergone additional processing, they will be combined with the US-origin frame to form the finished pistol. Once assembled, the pistol will undergo a rigorous quality control regimen to ensure that it functions properly before it will be approved for sale. Regarding your inquiry as to the country of origin of the completed pistols, the marking statute, Section 304 of the 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin requirements of 19 U.S.C. 1304. Pursuant to 19 CFR Section 134.1(b) the country of origin is 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” per the meaning of Part 134. A substantial transformation is said to have occurred when an article emerges from a manufacturing process with a name, character, or use which differs from the original material subjected to the process. That being said, an assembly process that is not determined to be complex and meaningful will generally not result in a substantial transformation. As noted above, Kimber manufactures the semiautomatic pistols in the United States from both US and Turkish origin components. The processing that takes place in the United States involves a series of complex operations that include testing, finishing and assembly, chemical treatment, and quality control, all undertaken by trained technicians. The operations undertaken by Kimber personnel in the United States are at least as intricate as those described in Headquarters Ruling Letter (HRL) 558849, dated March 29, 1995, wherein a pistol assembled in Germany from a combination of Chinese and German components was found to be a product of Germany for country of origin purposes. Similarly, HRL 561269, dated February 29, 2000, found that firearms components from Bulgaria that were assembled into AK-47 pattern rifles in the United States after a series of processing steps were found to be substantially transformed into a new and different product. Taking the above into account, the complex manufacturing and assembly processes undertaken by Kimber in the United States are sufficient to effect a substantial transformation. Consequently, the country of origin of the finished MC28SA semiautomatic pistols, pursuant to 19 CFR Part 134, is the United States. If a good is determined to be of US origin, it is not subject to the country of origin marking requirements of 19 U.S.C. 1304. However, please note that the Federal Trade Commission (FTC) has jurisdiction concerning the phrase “Made in the USA” and similar claims of US origin. Inquiries on this matter should be directed to the FTC Division of Enforcement, 600 Pennsylvania Ave, NW, Washington DC 20580, or via the FTC’s website at http://www.ftc.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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, contact National Import Specialist Evan Conceicao at evan.m.conceicao@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division