The country of origin of an adjustable wrench

N332747 May 18, 2023 OT:RR:NC:N1: 118 CATEGORY: Origin Eric Lee Zhangjiagang Tianhua Hardware Co., Ltd XinLe Rd., DaXin Town, Zhangjiagang City, Jiangsu ProvinceZhangjiagang 215636China RE: The country of origin of an adjustable wrench Dear Mr. Lee: In your letter dated May 5, 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 range that can be used with varied sizes of hexagonal fastener heads on nuts, bolts, screws, and the like.  The wrench incorporates three main components: a handle that ends in a fixed jaw, a moveable jaw, and a worm screw that adjusts the opening of the wrench.  You have stated that the wrench will be imported in assorted sizes, ranging from 6 inches to 24 inches; however, the manufacturing processes are the same for each. The manufacturing process begins in Vietnam, where raw steel is die cut and drop forged to form the handle, jaws, and worm screw.  The three components are further deburred and sandblasted and then exported to China.  In China, the handle, jaws, and worm screw are machined, polished, plated and heat-treated.  This includes milling groves into the components to facilitate assembly.  A hole is also drilled into the handle to accommodate the worm screw.  Next, all the components are assembled with Chinese-origin screws and washers.  Customers may also order an optional Chinese-origin plastic handle with a rubber grip.  Finally, the adjustable wrench is packaged and shipped to the United States. Regarding 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 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 minimal assembly operations will generally not result in a substantial transformation. We find that the processes and assembly operations performed in China do not constitute a substantial transformation of the three main components that were manufactured in Vietnam (i.e., the handle/fixed jaw, the moveable jaw, and the worm screw).  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 handle/fixed jaw, the moveable jaw and the worm screw remains unchanged after the machining, polishing, plating and heat treatment that occurs in China.  Therefore, it is the opinion of this office that the country of origin of the finished adjustable wrench is Vietnam. 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