The country of origin of a basin wrench

N342334 September 16, 2024 OT:RR:NC:N1:118 CATEGORY: Origin M Jason Cunningham Sonnenberg & Cunningham PA 780 Fifth Ave. South, Suite 200Naples, FL 34102 RE:  The country of origin of a basin wrench Dear Mr. Cunningham: In your letter dated August 27, 2023, on behalf of your client, Great Star Industrial USA, LLC, you requested a ruling on the country of origin of a basin wrench.  Pictures of the tool in different stages of manufacture were included with your submission, along with a detailed narrative of the manufacturing process. A basin wrench is a plumbing tool which is used in confined spaces, such as underneath kitchen and bath sinks, to turn fasteners and pipes.  The tool consists of an extendable shaft that is attached to a lower jaw.  The metal shaft is made of steel and is comprised of two pieces, one inside the other, that slide out to extend the reach of the wrench.  The inner part of the shaft attaches to the lower jaw with a pivot pin.  The pivot pin enables the jaw assembly to rotate around its axis perpendicular to the shaft.  A spring-loaded curved jaw is attached to the lower jaw with an additional pivot pin.  Both jaws incorporate teeth for better gripping power.  A handle fits through a hole at the other end of the extendable shaft. You have stated that the basin wrench will be produced in Vietnam and China.  In Vietnam, raw steel rods are drop forged to make the jaw blanks of the lower jaw and curved jaw.  The inner piece of the extendable shaft is also made in Vietnam from raw steel stock.  These three articles are then sent to China where the jaws are machined to add teeth, holes are drilled in each piece, and all are heat treated.  The inner piece of the shaft is assembled with a Chinese-origin outer shaft piece.  The jaws and the extendable shaft are then assembled with Chinese origin springs, pins, clips, and a handle.  Finally, the finished basin wrench is packaged for retail sale and exported to the United States. Regarding your request for the appropriate country of origin for the finished basin wrench, 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.  In regard to the finished basin wrench, we find that the processes and assembly operations performed in China do not constitute a substantial transformation of the three main components of the tool (i.e., the two jaw blanks and inner shaft) that are manufactured in Vietnam.  These articles provide the principal characteristics of the finished basin wrench, are dedicated for use as such, and cannot be used for any other purpose.  The character of the jaw blanks and inner shaft remains unchanged after the machining, drilling of holes, and heat treatment that occurs in China.  We also note that the inner shaft is the part that attaches to the lower jaw upon final assembly and is consequently essential to the tool’s operation.  Therefore, it is the opinion of our office that the country of origin of the finished basin wrench 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 (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