The country of origin of tongue-and-groove pliers

N332749 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 tongue-and-groove pliers Dear Mr. Lee: In your letter dated May 5, 2023, you requested a country of origin ruling for tongue-and-groove pliers.  Pictures and descriptions of the manufacturing processes were provided with your submission.  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 the pliers will be imported in 6”, 8”, 10” and 12” sizes, however the manufacturing process is the same for each size. The imported pliers are produced in two countries, Vietnam and China.  The two main components of the pliers include a fixed jaw/handle and a moveable jaw/handle.  In Vietnam, raw steel rods are drop-forged, die cut and deburred into the overall shape of the fixed jaw/handle and the moveable jaw/handle.  These two articles 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 Chinese-origin rivets.  Plastic is then applied to the handles for a comfort grip.  Finally, the finished tongue-and-groove pliers are packaged and shipped to the United States. Regarding your request for the appropriate country of origin of the tongue-and-groove 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 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. In regard to the finished tongue-and-groove 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 Vietnam.  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 tongue-and-groove pliers 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