The country of origin of a Foldable Aluminum Bolt Cutter

N335716 October 18, 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 a Foldable Aluminum Bolt Cutter Dear Ms. Chen: In your letter dated October 4, 2023, you requested a country of origin ruling.  The imported merchandise is identified as a Foldable Aluminum Bolt Cutter.  This hand-operated tool is typically used for cutting steel bar or chain locks.  It has long foldable handles and short blades, with compound hinges to maximize leverage and cutting force.  You have stated that the imported bolt cutter is comprised of several components produced in two countries, South Korea and China.  The main components of the bolt cutter include two cutter blades (i.e., the head), two aluminum handles, two aluminum handle joints and two blade joints.  The blades are made using steel bars sourced from China.  The steel bars are shipped to South Korea, where they will be forged into the final shape and form of the cutter blades.  Additionally, the handles and handle joints are cast from aluminum in South Korea.  The components are then shipped to China where various holes are drilled into them and the blades’ cutting edges are milled.  The components are also heat-treated, plated and powder painted.  The parts are then assembled with Chinese-origin blade joints, fasteners and PVC grips.  Finally, the bolt cutter is packaged and shipped to the United States. Regarding your request for the appropriate country of origin for the finished bolt cutter, 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 bolt cutter, we find that the machining and assembly processes performed in China do not constitute a substantial transformation of two cutter blades (i.e., the head), two aluminum handles and two aluminum handle joints that were manufactured in South Korea.  These articles provide the essential characteristics of the finished bolt cutter, are dedicated for use as such and cannot be used for any other purpose.  Therefore, it is the opinion of our office that the country of origin of the finished Foldable Aluminum Bolt Cutter 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