The country of origin of a Foldable Aluminum Copper Fitting Tool

N339011 April 2, 2024 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 Copper Fitting Tool Dear Ms. Chen: In your letter dated March 21, 2024, you requested a country of origin ruling.  The imported merchandise is identified as a Foldable Aluminum Copper Fitting Tool.  This hand-operated tool is typically used to press and crimp pipes, fittings, joints, and sleeves made of copper.  It has long foldable handles and short rounded jaws, with compound joints to maximize leverage and force.  You have stated that the imported tool is comprised of several components produced in two countries, South Korea and China.  The main components of the tool include two rounded jaws (i.e., the head), two aluminum handles, two aluminum handle joints, and two head joints.  The jaws are made using steel bars sourced from China.  The steel bars are shipped to South Korea, where they are forged into the final shape and form of the jaws.  Additionally, the handles and handle joints are cast from aluminum in South Korea.  The components are then shipped to China where they are further machined, heat-treated, plated and powder painted.  Holes are also drilled into the jaws, handle joints and head joints.  The parts are then assembled with two Chinese-origin head joints and Chinese-origin fasteners and PVC grips.  Finally, the finished tool is packaged and shipped to the United States. Regarding your request for the appropriate country of origin for the finished Foldable Aluminum Copper Fitting Tool, 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 Foldable Aluminum Copper Fitting Tool, we find that the machining and assembly processes performed in China do not constitute a substantial transformation of the two rounded jaws (i.e., the head), the two aluminum handles and the two aluminum handle joints that were manufactured in South Korea.  These articles provide the essential characteristics of the finished tool, 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 Copper Fitting Tool 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