The country of origin of food choppers

N310443 March 27, 2020 MAR-2 OT: RR: NC: N4:410 CATEGORY: Country of Origin Mr. William Baldwin Cassidy Levy Kent (USA) LLP 900 19th Street, NW, Suite 400 Washington, DC 20006 RE: The country of origin of food choppers Dear Mr. William Baldwin: This is in response to your letter dated February 20, 2020, on behalf of your client Whirlpool Corporation, requesting a country of origin determination for food choppers. The merchandise under consideration is identified as the KitchenAid 3.5-cup Food Chopper (SKU #KFC3516) and 5-cup Food Chopper (SKU #KFC0516) (the “Food Choppers”). You describe the two models of Food Choppers as follows: SKU # KFC3516, 3.5-cup Food Chopper - The Food Chopper is a small countertop appliance that is used to quickly chop, mix, and puree food. It features a stainless steel multi-purpose blade, a DC motor, and a 3.5-cup work-bowl with lid and a handle. It is controlled by a 2-speed power switch for coarse or fine cutting. SKU # KFC0516, 5-cup Food Chopper - The Food Chopper is a small countertop appliance that is used to quickly chop, mix, and puree food. It features a stainless steel multi-purpose blade, a DC motor, a whisk adapter, and a 5-cup work bowl with lid and a handle. Like the 3.5-cup Food Chopper, it is controlled by a 2-speed power switch for coarse or fine cutting, or whipping with the whisk adapter. The Food Choppers are manufactured in Vietnam using Vietnamese-origin and Chinese-origin component parts as follows: Vietnamese-origin component parts include: 1. Cutting blade assembly (3.5-cup Food Chopper - Stainless steel multipurpose cutting blade assembly; 5-cup Food Chopper - Blade drive adapter, stainless steel multipurpose cutting blade, and whisking accessory) 2. DC motor gearbox assembly 3. Injection-molded plastic heavy-duty base housing components 4. Injection molded plastic body housing components 5. Plastic work bowl with handle that houses the cutting blade assembly 6. Plastic work bowl lid. Chinese-origin component parts include: 1. Power control switch assembly 2. Power cord 3. Gearing pieces 4. Assorted small base-metal parts, fasteners, screws, etc. During manufacture of the food choppers in Vietnam, the above listed Chinese-origin power control switches, power cords and small connective parts are assembled into Vietnamese-origin cutting blade assemblies, DC motors, injection-molded base and housing components, plastic work bowls, and lids to form finished food choppers. Section 134.1(b), Customs Regulations (19 C.F.R. § 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”. In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. The country of origin of the item’s components, extent of the processing that occurs within a country, and whether such processing renders a product with a new name, character, and use are primary considerations in such cases. Additionally, factors such as the resources expended on product design and development, the extent and nature of post-assembly inspection and testing procedures, and worker skill required during the actual manufacturing process will be considered when determining whether a substantial transformation has occurred. No one factor is determinative. Based on the information submitted, the important components and assemblies are made in Vietnam. The Chinese materials and components are imported into Vietnam where they are manufactured into different parts or subassemblies, which are ultimately assembled into the subject food choppers. The Chinese origin components lose their identity and are substantially transformed when they are combined with the Vietnamese components and assemblies in Vietnam. We find that the manufacturing processing performed in Vietnam with respect to the food choppers does constitute a substantial transformation of the imported materials and components into "products of" Vietnam. It creates a new and different article of commerce with a distinct character and use that is not inherent in the components imported into Vietnam. Therefore, the "product of" requirement has been satisfied. It is of the opinion of this office that the country of origin for the food choppers will be Vietnam. 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 Michael Chen at michael.w.chen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division