The country of origin of an electric air pump for the purpose of applying certain trade remedies under Section 301

N321137 September 16, 2021 CLA-2 OT:RR:NC:N1:102 CATEGORY: Origin Anna Dalton Bestway Inflatables and Material Corporation 208 Jin Yuan Wu Road Shanghai, N/A China RE: The country of origin of an electric air pump for the purpose of applying certain trade remedies under Section 301 Dear Ms. Dalton: In your letter dated August 23, 2021, you requested a ruling on the country of origin of an electric air pump. A description of the assembly process was submitted for our review. The item at issue is an electric air pump, model number 62144E. The electric air pump is packaged with three Vietnamese air nozzles and an electric cable of Chinese origin ready for retail sale. The electric air pump is an assembly that primarily consists of a centrifugal vane, a cavity shell, a pump cover, a top cover, and a DC 12V motor. In use, one of the three air nozzles is connected onto the pump, which is then connected to the application and the electric cable. The pump is designed to create a low-pressure air flow that inflates various types of articles, such as air mattresses, pool floats, and inflatable furniture. In your request, two country of origin scenarios concerning the electric pump are described. In scenario one, the motor, the switch, the charging socket, the brown/black cords, and the electric cable are manufactured in China, while the nozzles, top cover, pump cover, centrifugal vane, and pump cavity shell are produced in Vietnam. In scenario two, the switch, the charging socket, the brown/black cords, the toggle switch, and the electric cable are manufactured in China and the nozzles, top cover, pump cover, vane, and pump cavity shell are manufactured in Vietnam. The motor, which consists of Chinese components, is assembled in Vietnam. In both scenarios, the final assembly of the electric pump occurs in Vietnam. In scenario one, prior to the final assembly, the nozzles, top cover, pump cover, vane, and pump cavity shell are produced in Vietnam using a plastic injection process. The final assembly of the electric pump, which occurs in Vietnam, begins with the Chinese motor being screwed onto the bottom side of the pump cover. Afterwards, the vane is pressed into the pump cover. The colored cords are then manually connected to the toggle switch, power socket, and motor. Afterwards, the Chinese manufactured motor and the electric components are secured into the cavity shell. Then, the cavity shell, the pump cover, and the top cover are manually screwed into position. Lastly, the completed electric pump is subjected to inspections and testing, and then packaged with the three Vietnamese nozzles and an electric cable from China. In scenario two, the same steps that occur during the final assembly of scenario one are described in scenario two, but also included is an explanation of how the motor is produced. The motor is assembled in Vietnam from Chinese components. The first step in the assembly process involves attaching bearings and retainer seals to an axle. The axle is then assembled to the rotor windings, and armature. Magnetic poles are then attached to the outside of the winding to the rotor unit and the magnetic rotor unit is subsequently inserted into an iron casing. Amongst those steps, the retainer seals and bearing locks are installed. The iron casing lid of the motor, which has brushes, and the switch are then affixed to the casing. The colored cords are connected to copper brushes, which are then installed into place. The motor is then sealed and inspected. Next, the nozzles, top cover, pump cover, vane, and pump cavity shell are produced in Vietnam using a plastic injection process. The final assembly of the electric pump occurs in Vietnam and begins with the Chinese motor being screwed onto the bottom side of the pump cover. Afterwards, the vane is pressed into the pump cover. The colored cords are then manually connected to the toggle switch, power socket, and motor. Afterwards, the motor and the electric components are secured into the cavity shell. Then, the cavity shell, the pump cover, and the top cover are locked and screwed into position. Lastly, the completed electric pump is subjected to inspections and testing, and then packaged with the three Vietnamese nozzles and an electric cable from China. With regard to your request for the appropriate country of origin of the electric air pump, 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. 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.” The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, and 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 the two scenarios described above, components from Vietnam and China are joined or assembled to each other during the final assembly of the pump, which occurs in Vietnam. Similar to the final assembly of the windshield washer pump in HQ H303864, dated December 26, 2019, the assembly operations to make each pump in Vietnam are not complex and meaningful enough, and instead considered rather simple. Therefore, in determining the country of origin of an electric air pump for the purpose of applying 301 trade remedies, the country of origin of the motor, which is the essence of the air pump, is considered. In scenario one, the country of origin of the motor is China, as it assembled in China from Chinese components. In scenario two, the country of origin of the motor is also China, as the Chinese components are not substantially transformed in Vietnam. CBP has previously completed country of origin reviews for the purpose of applying 301 Trade Remedies and has concluded that when the final assembly of similar motors involves processes, such as connecting the shaft, inserting the bearings, or installing the magnets, it is simple assembly, e.g., N319464, dated May 28, 2021. In recognizing this analysis, the components of the motor in scenario two are not transformed into a new and different article of commerce with a name, character, and use distinct from the components exported from China, and therefore, the country of the motor for this scenario is China. Therefore, in both scenarios, the country of origin of the electric air pump, model number 62144E, packaged with three air nozzles and an electric cable, for the purpose of applying 301 Trade Remedies will be China. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Sandra Martinez at Sandra.Martinez@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division