The Country of Origin of golf club putter heads finished in China

N340536 June 18, 2024 OT: RR: NC: N4:424 CATEGORY: Country of Origin Ms. Laurie Bichell Maersk Customs Service USA Inc. 1501 South Clinton Street Baltimore, MD  21224 RE:     The Country of Origin of golf club putter heads finished in China Dear Ms. Bichell: This is in response to your letter dated June 4, 2024, requesting a country of origin determination on behalf of your client, Cobra Golf Incorporated, of Carlsbad, California.  A description of the manufacturing processes of golf club putter heads was submitted for our review.    The merchandise under consideration concerns five models of golf club putter heads imported by Cobra Golf Inc., which are identified as the following: Item Number Item Name UPC ID CODE  HD8501RB1PL HD PT CVTG SPORT 40 GY CP RH PL 847111649731  HD8511RB2SB HD PT CVTG WIDESPORT GY CP RH SB 847111649755  HD8431RM1SB HD PT C3DP SUPERNOVA GY CP RH SB 847111649649  HD8441RM2CB38 HD PT C3DP AGERA GY CP RH CB 38 847111678076  HD8451RM3SB HD PT C3DP AGERA RS GY CP RH SB 847111649700   According to the information that you have provided in your letter, the manufacturing process for all five golf club putter heads occurs in Vietnam through a process called Metal Injecting Molding (MIM).  The process begins with the mixing of a metallic powder and a polymetric binder into a homogenized substance which is compressed and molded into the shape of pellets. The pellets are then fed into an injection molding machine.  When this process is completed, the “de-binding” process occurs.  This process is where the item is now being placed into a furnace to drive out the binder by heat/solvent.  The next step is called “sintering,” where the item is placed into a high temperature vacuum furnace.  The part then shrinks and densifies, and then it will be shipped to China for the final cosmetic, post MIM, processes. The finishing operations in China include body machining, polishing, PVD coating, painting, masking, and face bonding.  The finished golf club putter heads are then inspected, packed, and exported to a final destination. With regard to your request for the appropriate country of origin of the aforementioned golf putter heads, 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).   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. In this instance, it is opinion of this office that the major manufacturing operations of the five putter golf heads in Vietnam, provide the essence of these articles. As noted above, the putter golf heads are fully cast and formed in Vietnam via the MIM processes.  The finishing processes performed in China give the aesthetics to the casted golf heads, which originated in Vietnam.  In our view, the golf heads are not substantially changed by the painting, machining or any of the cosmetic finishing processes performed in China.  Therefore, based on the facts presented in this case, the country of origin of all five aforementioned golf club putter heads is Vietnam.  Further, we advise that provided the putter heads are legibly, indelibly, and permanently marked “Made in Vietnam,” such marking would satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part134. 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 19 CFR 177.9(b)(1).  In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2.  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, contact National Import Specialist Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division