The country of origin of an electric cooking range from Thailand.

N335508 October 12, 2023 CLA-2-85:OT:RR:NC:N4:415 CATEGORY: Country of Origin Stacy J. Ettinger K&L Gates, LLP 1601 K Street Northwest Washington, DC 20006 RE:      The country of origin of an electric cooking range from Thailand. Dear Ms. Ettinger: In your letter dated September 22, 2023, you requested a country of origin ruling on behalf of your client, Thai Toshiba Electric Industries Co., Ltd. The product under consideration is a cooking range that has a 6.3 cubic foot capacity oven with a 3,900-watt bake element, a 4,300-watt broil element, and five cooktop burners with 7,700-watt electric power. The range is controlled by four cooktop control knobs and an oven control panel, which are both located on the front of the appliance. It is packaged for sale to individual consumers, together with its corresponding accessories. Your submission provided details for the specific range, model number COS-ERC305WKTD. In addition, you mention that there are other model numbers within this same series: 30NTE5R074-P(*), 30NTE5R074-M(*), and 30NTE5R074-S(*). Depending on the model within the series, packaged accessories may include a user manual, installation manual, wire rack, and extension rack. The models within the series share the same functions and platform but vary slightly because they are sold into different markets with different color schemes, different accessories, or slightly different features. The primary distinctions are in the handle shape, knob shape, or other minor appearance differences. However, the models all use the same platform and are produced according to the same process detailed below, with only one or two minor parts that may vary between models in the series but that do not change the essential character of the range. In your request, you indicate that this range would be assembled in Thailand from components sourced from China, Thailand, and Mexico. From the provided documentation, the bulk of the parts to construct the range will be from China. Per your submission, various metal components would be produced in Thailand, they would include the following: drawer heat shield, drawer bottom plate, vent pipe, heating pipe cover, cavity corner cover, hinge bracket left, hinge bracket right, back panel, water plate, terminal block bracket, convection fan blade, cavity retainer, air duct assembly, motor cover, cooktop support front, cooktop support side, cooktop support rear, heating plate beam, door air guide, door inner glass bracket long, door inner glass bracket short, door middle glass bracket, cover rear, power cord cover plate, and drawer ceiling. The manufacturing process for the metal parts in Thailand include stamping, bending, and degreasing of the metal to form the finished components. In addition, the printed circuit board (PCB), which controls the electronic components, will be produced in Thailand. Finally, the plastic parts, such as the power board brackets used for fixing the PCB to the product, will be injection molded in Thailand. Many of the parts purchased from outside of Thailand would be used to form subassemblies, which would later be assembled into the respective range. To complete the manufacturing of this range, pneumatic screwdrivers would be primarily utilized. Pursuant to Part 134, Customs Regulations (19 CFR 134) implements the country of origin marking requirements and exceptions of 19 USC 1304. Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines “country of origin” as: “[t]he 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.” A substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). In order to determine whether a substantial transformation occurs when components 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/manufacturing operations that are minimal will generally not result in a substantial transformation. This office reviewed the provided assembly process flow charts for this range and is of the opinion that the parts sourced outside of Thailand underwent enough of a change to afterwards emerge with a new name, character, and use that is different from what they possessed prior to processing, thus completing a substantial transformation. In addition, essential components of this range are manufactured in Thailand. Thus, this office holds the opinion that the country of origin for the range would be Thailand. 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. Additionally, we note 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 CFR 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 Kristopher Burton at kristopher.burton@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division