The country of origin of an adjustable wrench

N331759 April 6, 2023 OT:RR:NC:N1: 118 CATEGORY: Origin Jing Zhang Weihai Maxpower Advanced Tool Co., Ltd. No.8-9, 8-22 Huizhou Road, WendengWeihai 264400China RE: The country of origin of an adjustable wrench Dear Mr. Zhang: In your letter dated March 25, 2023, you requested a country of origin ruling for an adjustable wrench.  Pictures and a description of the manufacturing processes were provided with your submission. The imported tool is an open-end wrench with an adjustable jaw size that can be used with different sizes of hexagonal fastener heads on nuts, bolts, screws, and the like.  The adjustable wrench is comprised of four components produced in two countries, South Korea and China. These components include the wrench body, adjustable jaw, knurl, and pin.  The manufacturing process begins in South Korea, where Chinese-sourced steel bar is forged into the final shape and form of the wrench body and adjustable jaw.  These two parts are then shipped to China where each is machined, polished, and heat-treated.  This includes milling groves into the jaw and punching a hole into the body.  Next, the body and adjustable jaw are assembled with a Chinese-origin knurl and pin.  Finally, the adjustable wrench is packaged and shipped to the United States. With regard to your request for the appropriate country of origin of the adjustable wrench, 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 Nat’l 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 minimal assembly operations will generally not result in a substantial transformation. Regarding the finished adjustable wrench, we find that the processes and assembly operations performed in China do not constitute a substantial transformation of the wrench body and adjustable jaw that were manufactured in South Korea.  These articles provide the principal characteristics of the finished wrench, are dedicated for use as such and cannot be used for any other purpose.  The character of the wrench body and adjustable jaw remains unchanged after the machining, polishing, and heat treatment that occurs in China. Therefore, it is the opinion of this office that the finished adjustable wrench described in your manufacturing process scenario is country of origin South Korea. Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach ruling letter is issued on the assumption that all the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.  The application of a ruling letter by a CBP field office to the transaction to which it is purported to relate is subject to the verification of the facts incorporated in the ruling letter, a comparison of the transaction described therein to the actual transaction, and the satisfaction of any conditions on which the ruling was based.” This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Anthony Grossi at anthony.e.grossi@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division