The country of origin of brass slip-joint extension tubes and brass threaded tubes

N334296 August 16, 2023 CLA-2-74:OT:RR:NC:N5:116 CATEGORY: Origin Cheryl Smith Oatey Supply Chain Services, Inc. 20600 Emerald Parkway Cleveland, OH 44135 RE:  The country of origin of brass slip-joint extension tubes and brass threaded tubes Dear Ms. Smith: In your letter dated July 27, 2023, you requested a country of origin ruling for marking purposes. The products to be imported are described as brass slip-joint extension tubes (“extension tubes”) and brass threaded tubes (“threaded tubes”) used in the plumbing industry. You state that the extension tubes connect to a piece of tubular pipe of the same diameter which is connected to the sink drain assembly, and the threaded tubes connect to a pop-up assembly, grid strainer, or any female threaded tubular connection of the same thread pattern and diameter. The extension tubes and threaded tubes range in length from 6 – 18 inches.  You state in your letter that Customs and Border Protection (CBP) has consistently held that tubes and pipes under 12 inches in length are considered fittings. Information provided by the plumbing trade and fittings industry indicated that there is uniformity in regarding cut-to-length steel pipe sections, whether threaded or not. Cut-to-length steel pipe sections measuring up to 12 inches in length are considered in the trade to be pipe fittings while cut-to-length steel pipe sections or “ready-cut pipe” measuring over 12 inches in length are considered to be pipe. Although this precedent has been set for classification purposes, it is not a factor when determining the country of origin of the subject products. According to your submission, 17 or 20-gauge seamless brass tube of South Korean origin and measuring 4.5 meters (approximately 14.8 feet) in length will be sent to Indonesia to be made into the finished extension tubes and threaded tubes. In Indonesia, the extension tubes will be cut to 6, 8, 12, and 16-inch lengths, threaded on one end, a threaded ring is added, expanded, deburred, chrome plated, assembled with a slip-joint nut and washer, inspected, and packaged. The threaded tubes undergo the following manufacturing operations in Indonesia: the tubes will be cut to 6, 8, 12, and 18-inch lengths, threaded on both ends, deburred, chrome plated, inspected, and packaged. You are seeking a country of origin determination for both the extension tubes and the threaded tubes.    Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. §1304. Pursuant to 19 CFR 134.1(b), “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. As stated in HQ 735009, dated July 30, 1993, “The country of origin is the country where the article last underwent a “substantial transformation,” that is, processing which results in a change in the article's name, character, or use.” CBP has consistently held that cutting and threading does not effect a substantial transformation. See HQ ruling, 734186, dated October 24, 1991, HQ ruling H308206, dated February 2, 2021, and HQ ruling H303868, dated June 27, 2019. In each of these rulings CBP determined that cutting, threading, and surface finishing, such as chrome plating, was not a substantial transformation. In the case at hand, the threaded tubes are cut-to-length, threaded, deburred, and chrome plated.  Based on the facts presented and the manufacturing operations and as in previous HQ rulings, it is the opinion of this office that the work performed (i.e., cutting, threading, deburring, and chrome plating) in Indonesia on the threaded tubes does not result in a substantial transformation. Therefore, the country of origin for the threaded tubes will be South Korea. While the extension tubes and the threaded tubes initially undergo the same processing, the slip joint extension tubes have a different function than the threaded tubes and must undergo additional manufacturing (the addition of the threaded ring, the expansion of one end of the tube, and assembling with a slip-joint nut and washer) in order to perform that function. One end of the slip joint extension tubes is expanded to accept a pipe of the same outside diameter. A threaded ring is added to allow the expanded end to accept the nut and washer that is used to make the watertight seal when a tube is accepted into the expanded end. Without this additional manufacturing, the extension tube would not be able to perform its function. Therefore, this office finds that the totality of the manufacturing performed on the slip-joint extension tubes does result in a substantial transformation and as such, the country of origin will be Indonesia. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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, contact National Import Specialist Angelia Amerson at angelia.m.amerson@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division