The country of origin of an F Clamp

N333410 June 16, 2023 OT:RR:NC:N1:118 CATEGORY: Origin Yan Chen Weihai Maxpower Advanced Tool Co., LTD No. 8-9, 8-22 Huizhou Road, WendengWeihai 264400China RE: The country of origin of an F Clamp Dear Ms. Chen: In your letter dated June 8, 2023, you requested a ruling on the country of origin of an F-Clamp produced in South Korea and China.  The merchandise under consideration is a hand tool known as an F-clamp because of its shape.  It is also referred to as a Bar Clamp.  The tool is commonly used in woodworking to temporarily clamp pieces of wood together until more permanent attachments, e.g., screws, can be applied or while glue is allowed to dry. The F-clamp is comprised of several components produced in two countries, South Korea and China.  The main components of the tool include the clamp body, adjustable vertical arm, screw, bar/handle, and swivel pad.  The clamp body and adjustable vertical arm are made using steel bars sourced from China.  The steel bars are shipped to South Korea to make two pieces.  The first piece is hot forged with a fixed flat jaw of the F-clamp.  The second straight steel bar piece (roughly the length of the short side of the “L” piece) is formed into the final shape of moveable and adjustable arm of the F-clamp.  These two pieces are then shipped to China where they are further machined, polished, heat-treated, and plated.  In addition, a Chinese-origin threaded screw that incorporates a vertically inserted steel bar (handle), and swivel tightening component are added to complete the adjustable clamping mechanism.  A square and round hole are punched into the adjustable arm, and the round hole is threaded.  This allows the clamp to be tightened and loosened accordingly.  The body, vertical adjustable arm, and handle are then assembled along with a Chinese-origin pad, which is attached to the end of the threaded screw.  Here, two kinds of pads are utilized; one is a standard pad, one is a swivel pad.  Finally, the finished F-clamp is packaged and shipped to the United States. Regarding your request for the appropriate country of origin for the finished F-Clamps, 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 assembly operations that are minimal will generally not result in a substantial transformation.  Regarding the finished F-Clamp, we find the South Korean clamp body and adjustable vertical arm constitute the fundamental components of the finished F-clamps because they are responsible for holding the pieces of wood in place until they can be more permanently fastened together. When these articles are exported from South Korea to China, they are formed to their final shape and resemble the finished F-clamps.  The submitted photographs show that at the time of export from South Korea, the clamp body and adjustable vertical arm have the shape/appearance of a finished F-clamp. Moreover, when they are produced in South Korea, the clamp body and adjustable vertical arm have a pre-determined use in the production of F-clamps because they are only intended for use in the production of finished F-clamps. Upon arrival in China, the clamp body and adjustable vertical arm are clearly identifiable as the essential component of the F-clamp, with the overall shape, size, and character of a finished F-clamp.  While the finishing operations and component assembly that occur in China are necessary for the production of the finished F-clamps, these operations are not extensive enough to alter the fundamental character of the clamp body and adjustable vertical arm. Therefore, we find that the South Korean clamp body and adjustable vertical arm determine the origin of the finished F-clamps, and no substantial transformation occurs by the processing performed in China to make the finished F-clamps.  Accordingly, we find that the country of origin of the F-clamps 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