The country of origin of pliers

N331764 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 pliers Dear Mr. Zhang: In your letter dated March 27, 2023, you requested a country of origin ruling for pliers.  Pictures and descriptions of the manufacturing processes were provided with your submission.  The imported tools are identified as groove joint pliers, box joint pliers and water pump pliers.  The pliers are designed with jaws that can adjust to multiple positions at a variety of widths, and have handles that are at an angle to the jaws. They are also characterized by a slip joint, which allows the user of the pliers to move the handles apart to increase jaw size and enlarge grip capacity.  You have stated that while the jaw size of the imported pliers differ, the manufacturing processes are the same. The imported pliers are produced in two countries, South Korea and China.  The two main components of the pliers include a fixed jaw/handle and a moveable jaw/handle, which are manufactured from steel bars sourced from China.  The steel bars are shipped to South Korea, where they will be forged into the shape and form of the fixed jaw/handle and the moveable jaw/handle.  These two components are then shipped to China where each is machined, polished and heat-treated.  This includes milling groves into the jaws and punching holes into the handles.  Next, the two components are assembled with a Chinese-origin pin, screw and spring.  PVC is then applied to the handles for a comfort grip.  Finally, the finished groove-joint pliers are packaged and shipped to the United States. With regard to your request for the appropriate country of origin of the pliers, 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. In regards to the finished pliers, we find that the processes and assembly operations performed in China do not constitute a substantial transformation of the two main components of the pliers (i.e. the fixed jaw/handle and the moveable jaw/handle) that are manufactured in South Korea.  These articles provide the principal characteristics of the finished pliers, are dedicated for use as such, and cannot be used for any other purpose.  The character of the fixed jaw/handle and the moveable jaw/handle remains unchanged after the machining, polishing, and heat treatment that occurs in China.  Therefore, it is the opinion of our office that the country of origin of the finished groove joint pliers, box joint pliers and water pump pliers is 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