The country of origin of wrenches

N335671 October 12, 2023 OT:RR:NC:N1:118 CATEGORY: Origin Jing Zhang Weihai Maxpower Advanced Tool Co., Ltd. No. 8-9, 8-22 Huizhou Road, WendengWeihai 264400China RE:  The country of origin of wrenches Dear Mr. Zhang: In your letter dated October 3, 2023, you requested a country of origin ruling.  The imported merchandise is identified as a combination wrench, a ratcheting combination wrench and a ratcheting combination wrench with slide lock.  Each of the wrenches have a closed loop on one side (i.e., the box-end) for tightening or loosening hexagonal or square nuts, while the other end is an open U-shape (i.e., open-end).  These wrenches are often used for nuts that are hard to loosen.  The closed end can loosen the nut, while the open end is then used to unscrew it fully. You have proposed the following production processes for the wrenches: Combination Wrench The production process begins in South Korea, where the wrench body is forged from Chinese-origin steel bar into its general shape and size.  It is then trimmed and deburred.  The wrench blank is then shipped to China where holes are punched, and the open-end and box-end are machined.  The tool is further polished, heat-treated, and marked with a logo and sizes.  Finally, the wrench is packaged and shipped to the United States. Ratcheting Combination Wrench The production process begins in South Korea, where the wrench body is forged from Chinese-origin steel bar into its general shape and size.  It is then trimmed and deburred.  The wrench blank is then shipped to China where holes are punched, and the open-end and box-end are machined.  It is assembled with Chinese-origin ratcheting components, which include the ratchet receiver, springs, and ratchet paw.  The tool is further polished, heat-treated, and marked with a logo and sizes.  Finally, the wrench is packaged and shipped to the United States. Ratcheting combination wrench with slide lock The production process begins in South Korea, where the wrench body is forged from Chinese-origin steel bar into its general shape and size.  It is then trimmed and deburred.  The wrench blank is then shipped to China where holes are punched, and the open-end and box-end are machined.  It is assembled with Chinese-origin ratcheting components, which include the ratchet receiver, springs, and ratchet paw.  The Chinese-origin slide lock mechanism is also assembled with the wrench.  The tool is further polished, heat-treated, and marked with a logo and sizes.  Finally, the wrench is packaged and shipped to the United States. Regarding your request for the appropriate country of origin for the finished wrenches, 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 country of origin of the wrenches, it is our view that the forging of the steel imparts the essential characteristics of these tools.  In South Korea, the wrenches are forged and take on the general shape and size of the finished tools.  Based on the provided description of the finishing operations performed in China, the forged tools are not substantially changed so as to transform them into a new article with a different name, character or use. Therefore, it is the opinion of this office that the country of origin of the combination wrench, ratcheting combination wrench and ratcheting combination wrench with slide lock is South Korea. 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 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