The country of origin of a glue stick.  Correction to Ruling Number N333916

N337180 January 3, 2024 OT:RR:NC: N3:135 CATEGORY: Origin Ana Gomez Veyer, LLC 6600 North Military TrailBoca Raton, FL 33496 RE: The country of origin of a glue stick.  Correction to Ruling Number N333916 Dear Ms. Gomez: This replaces Ruling Number N333916, dated July 28, 2023, which contained a clerical error.  You state that the manufacturer recently informed you of an error in the information they provided to describe their manufacturing process.  A complete corrected ruling follows. Item 5126091 is a 0.31oz. glue stick (30 pack).  The cap/tube is made from polypropylene and the core/base is made from high-density polyethylene in Vietnam.  The following raw ingredients of the glue originate in China: water (solvent), polyvinylpyrrolidone (viscous substance) (PVP), glycerol (humectant), propylene glycol (humectant), stearic acid, sodium hydroxide, and sodium butyl paraben.  In Vietnam, water, polyvinylpyrrolidone, stearic acid, liquid sodium hydroxide, glycerol, and propylene glycol are added to a heater and mixed for 30 minutes.  In the process, the steric acid and sodium hydroxide react chemically and form sodium stearate.  The contents remain in the heater to cool which then forms the glue. The plastic parts and the glue are assembled and packed in Vietnam.  The packaging label is made in China. The shipping carton is produced in Vietnam. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The "country of origin" is defined in 19 CFR 134.1(b) as "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). However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. See Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983). Substantial transformation determinations are 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 determining whether a substantial transformation occurs in the manufacture of products from chemicals, Customs and Border Protection (CBP) has consistently examined whether a chemical reaction occurs when two chemicals are mixed in the production of the final article.  See HRL 559936, dated January 31, 1997, HRL 555248, dated April 9, 1990; and HRL 556064, dated March 29, 1990.  In HRL 555989 dated June 24, 1991, Customs held that when chemical compounds are mixed together to form a different substance and the individual properties of each ingredient are no longer discernable, a substantial transformation results. In this case, the glue in the glue stick is made by mixing and heating the ingredients.  The manufacturing process involves a chemical reaction that creates sodium stearate.  Although other components in the glue remain unchanged, the last substantial transformation that takes place occurs in Vietnam and the final assembly takes place in Vietnam.  As such, it is our opinion that the country of origin of the glue stick is Vietnam. 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 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 above, please contact National Import Specialist Fei Chen at fei.chen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division