The country of origin of automotive wire

N342421 September 11, 2024 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Origin Eric Ge Talway Vietnam Company Limited T-2-1-1 and T-2-1-2, Que Vo Industrial Zone (Extension Area), Nam Son Ward, Bac Ninh City, Bac Ninh Province, 16000 Vietnam, Nam Son WardBac Ninh City 16000Vietnam RE:  The country of origin of automotive wire Dear Mr. Ge: In your letter dated September 3, 2024, you requested a country of origin ruling. The merchandise under consideration is described as Automotive Primary Wire, which is a general purpose wire used primarily in automobiles, boats, trucks, and other motor-driven conveyances. The subject wires are comprised of a copper wire conductor that is covered with PVC insulation and not fitted with any connectors. We note that the finished wire cable is intended for use at or under 60V. After importation, the wire cable will be further assembled into wire harnesses per the needs of the end user. In your request, you state that the manufacturing process occurs in Vietnam and begins with Vietnamese single copper wire being stranded to the specified thickness. This conductor is then encapsulated with PVC insulation via the extrusion process before it is cooled, cut to length, and then packaged for shipment to the U.S. You state that the packaging is purchased from China. The “country of origin” is defined in 19 CFR 134.1(b), in pertinent part, 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.”  For tariff purposes, the courts have held that a substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. United States v. Gibson-Thomsen Co., Inc., 27 CCPA 267, C.A.D. 98 (1940); National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F. 2d 1201 (Fed. Cir. 1993); Anheuser Busch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982). Regarding the origin of the subject wire, it is our opinion that the copper conductor, which originates from Vietnam, imparts the character of the finished article. Further, no foreign components are added that would alter the character of the wire and create a new and different article of commerce. Based upon the facts presented, the origin of the Automotive Primary Wire will be 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 Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division