The country of origin of pipe wrenches

N332515 May 8, 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 pipe wrenches Dear Ms. Zhang: In your letter dated April 27, 2023, you requested a country of origin ruling for three types of pipe wrenches, identified as a Straight Type Aluminum Handle Pipe Wrench, an Offset Type 45 Degree Aluminum Handle Pipe Wrench, and an Offset Type 90 Degree Aluminum Handle Pipe Wrench.  Pictures and a description of the manufacturing process were provided with your submission.  The wrenches are commonly used to turn threaded pipe and pipe fittings for assembly or disassembly.  While the wrenches differ in the angle of their jaws and handles, each wrench incorporates four main parts: a handle, adjustable top jaw, fixed bottom jaw and an adjusting nut.  You have stated that the manufacturing process is identical for the three wrenches. The imported pipe wrenches are produced in two countries, South Korea and China.  The production process begins in South Korea, where the handle is cast from Korean-origin raw aluminum into its approximate size and shape.  Also in Korea, the adjustable top jaw and the fixed bottom jaw are forged from Chinese-origin steel bar into their approximate size and shape.  Additionally, the adjusting nut is machined from Chinese-origin steel tube in South Korea.  Then the handle, adjustable top jaw, fixed bottom jaw and adjusting nut are shipped to China for further processing.  Threads and teeth are milled into the top and bottom jaws, and they are heat-treated, plated, polished, and painted.  A connection joint is drilled into the handle and an elongated hole is drilled into the bottom edge of the adjustable top jaw.  The handle, adjustable top jaw, fixed bottom jaw and adjusting nut are then assembled with a Chinese-origin pin and springs.  Finally, the finished pipe wrench is packaged and shipped to the United States. Regarding your request for the appropriate country of origin of the pipe wrenches, 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 assembly operations that are minimal will generally not result in a substantial transformation. In regard to the finished pipe wrenches, we find that the processes and assembly operations performed in China do not constitute a substantial transformation of the handle, adjustable top jaw, fixed bottom jaw and the adjusting nut that were manufactured in South Korea.  These articles provide the essential characteristics of the finished wrench, are dedicated for use as such and cannot be used for any other purpose.  Therefore, it is the opinion of this office that the finished pipe wrenches described in your manufacturing process scenario are 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 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