The country of origin of a stainless steel chainmail mesh work glove

N300530 October 5, 2018 CLA-2-73:OT:RR:NC:N1:113 CATEGORY: Country of Origin Mr. Robert E. Burke Barnes Richardson & Colburn, LLP 303 East Wacker Drive, Suite 305 Chicago, IL 60601 RE: The country of origin of a stainless steel chainmail mesh work glove Dear Mr. Burke: In your letter dated September 11, 2018, on behalf of Saf-T-Gard, International, Inc. you requested a country of origin ruling on stainless steel gloves. Photographs of the finished glove were provided for our review. The product under consideration is identified as an industrial stainless steel chainmail mesh work glove. It consists of welded circular links that form patterns of glove parts that are joined together to complete the product. The gloves are used to protect the hands of workers using sharp knives, scissors and similar tools. The manufacturing process performed in Germany begins with stainless steel wire that is fabricated into open circular links. The links are formed into rings that are joined together to form a mesh. The rings are closed to form patterns of glove parts including the palm, back and cuff. You indicated that the parts are dedicated for use in gloves in specific sizes. The factory in Germany also produces open links and metal labels that are used to join the parts together in China. The glove parts, open links and metal labels are shipped from Germany to China for joining the parts together into a finished glove. As stated in HQ 735009 dated July 30, 1993, “The country of origin is the country where the article last underwent a substantial transformation that is, processing which results in a change in the article's name, character, or use.” Customs and Border Protection (CBP) maintains, based on United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (C.A.D. 98) (1940), that “A substantial transformation occurs when an article emerges from a manufacturing process with a name, character, and use that differs from the original material subjected to the processing.” HQ 734124 dated July 16, 1991, lists some of the factors considered in determining whether a substantial manufacturing operation has occurred. These factors include the physical change in the material or article as a result of the manufacturing or processing operations in each foreign country, the time involved in the manufacturing or processing operations in each foreign country, the complexity of the manufacturing or processing operations in each foreign country, the level or degree or skill and/or technology required in the manufacturing or processing operations in each foreign country, and the value added to the article or material in each foreign country compared to its value when imported into the U.S. We noted that in your ruling request you cited HQ 955666 dated April 19, 1994, in which Customs held that sewing together of components did not substantially transform their country of origin. HQ 955666 cited three Customs rulings that are in accord including HQ 951899 dated October 31, 1992, HQ 951481 dated July 31, 1992 and HQ 953065 dated April 9, 1993. We also noted in N256310 dated September 5. 2014 and N081818 dated November 24, 2009, that the assembly in the second country was found not to change the name, use or character of the original material. Customs held that simple assembly in the second country to finish the articles did not constitute substantial transformation. With regard to the merchandise at issue, the stainless steel chainmail mesh glove parts that are exported from Germany to China are dedicated for use in stainless steel chainmail mesh gloves of specific sizes. The glove parts that are exported from Germany are ready for simple assembly into the finished gloves in China. The glove parts are not subject to any additional manufacturing processes in China except for the assembly into the finished glove. Our office believes that joining together the glove parts in China, using the glove parts, open links and metal labels made in Germany, does not constitute substantial transformation of the original article into a new or different article of commerce. In the opinion of our office, the country of origin of the stainless steel chainmail mesh work gloves is Germany. This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Ann Taub at ann.taub@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division