The country of origin of an electric air pump

N316014 December 17, 2020 CLA-2-84:OT:RR:NC:N1:102 CATEGORY: Country of Origin John A. Schoenig Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 599 Lexington Ave. New York, New York 10022 RE: The country of origin of an electric air pump Dear Mr. Schoenig: In your letter dated November 20, 2020, on behalf of your client, Intex Recreation Corporation, you requested a ruling on the country of origin for an electric air pump. The product under consideration is described as an electric air pump, model number 66656WA. The air pump is imported packaged with three gas nozzles, and primarily consists of a motor, a pump housing, a vane, a cavity shell, a pump cover, and a top cover. In use, the user installs the applicable nozzle onto the pump, and gas is then inflated into its application. The pump can inflate various plastic articles, such as air mattresses, pool floats, and inflatable furniture, and as such, each gas nozzle differs in regards to the range of its valve opening. In your letter, you present two country of origin scenarios of the electric air pump, model number 66656WA, for consideration. In the first scenario, the air pump will be assembled in Burma/Myanmar from Chinese components, including the motor. The gas nozzles are of Chinese origin. In the second scenario, certain components, such as the motor, the switch and the power cord, will be produced in China. The gas nozzles, top cover, pump housing, pump cover, vane, and pump cavity shell are produced in Burma/Myanmar. The motor sub-assembly, which consists of a motor, hose, and toggle switch, is manufactured in Burma/Myanmar. The Chinese and Burmese/Myanmar components are then combined in Burma/Myanmar to produce a complete air pump. The final assembly process in Burma/Myanmar begins with the motor being screwed into the pump cavity shell. Afterwards, the vane is then pressed onto the motor and the motor with the vane is then assembled into the pump housing using a manual press. Next, the pump housing coverpress is secured to the top cover using auxiliary tooling and the top cover is locked and screwed into place. Wiring from the motor is connected to the pump housing, the switch, and the power cord. The pump cover is then attached to the switch and secured to the pump housing. Each completed pump is labeled, undergoes testing, and is packaged with three nozzles. With regard to your request for the appropriate country of origin marking for the 19 C.F.R. § 134.1(b) provides in pertinent part as follows: Country of origin means 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 this part; 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, 69 C.C.P.A. 151 (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). In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, all factors such as the components used to create the product and manufacturing processes that these components undergo are considered in order to determine whether a product with a new name, character and use has been produced. No one factor is decisive, and assembly operations that are minimal will generally not result in a substantial transformation. In both scenarios, a Chinese produced motor is shipped to Burma/Myanmar for assembly with the plastic housing, the vane, a cavity shell, a switch, a power cord, and the pump cover to form the finished air pump, which is then packaged with gas nozzles. The assembly process that occurs in Burma/Myanmar involves securing or screwing other components to each other, wiring, and press fitting the motor to the vane. In considering the assembly processes that occur, it is our view that in both scenarios, the motor and pump components are not subject to any further operations other than simple assembly that occurs in Burma/Myanmar. Moreover, we believe the motor is the essence of the air pump, as it turns the vane and moves gas through the pump. In neither scenario is the motor transformed in Burma/Myanmar into a new and different article of commerce with a name, character, and use distinct from the article exported. Accordingly, the country of origin for the electric air pump, model number 66656WA, in both scenarios, is China. 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 Sandra Martinez at sandra.martinez@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division