The country of origin of a flush mount ceiling light

N345085 January 23, 2025 OT:RR:NC:N4:410 CATEGORY: Country of Origin Susan Yan Forever Bright Lighting Company Limited HuMen Town, Pu Jiang Road No.9 Da Pan Di Industrial Zone, Da Ning Manage DistrictDong Guan, China 523900 RE:  The country of origin of a flush mount ceiling light Dear Ms. Yan: In your letter dated January 13, 2025, you requested a country of origin ruling on a flush mount ceiling light for the purposes of applying current trade remedies under Section 301. The submitted information indicates that the flush mount ceiling light consists of a lamp holder, canopy, glass shade, electric wires and hardware (screws, mounting strip, etc.). The Bill of Materials presents that the lamp holder, canopy, mounting strip and the packaging materials are made in Vietnam, and the balance of parts or components are imported from China. The manufacturing process in Vietnam starts with the assembly of the socket using the Chinese-origin ceramic tube and other components of both Vietnamese-origin and imported from China. The insulated wire and copper spools are cut into specific length to make the terminals, which are then stamped into the wires to make the terminal assembly. Next, the ceramic socket, copper fitting, and cooper bands are stamped with rivets and affixed to the insulated wires with terminals to make the lamp holder. The mounting strip, canopy are produced from sheet metal using the sheet molding operation. Further, the lamp holder is connected to the canopy, and the fixture is then properly wired to form the lighting fixture. Finally, the opal glass shade is twisted to the canopy to complete the assembly process. The finished products are tested, inspected, and packed with materials for shipment. When determining the country of origin for purposes of applying current trade remedies under Section 301, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. 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, 681 F.2d 778 (C.C.P.A. 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). We find that a significant number of the parts or components including the important part of the lamp holder are made in Vietnam, the manufacturing operations use both the imported and the Vietnamese-made components to produce the subassemblies, then assembled them into the finished products. It is of our view that the assembly manufacturing operations in Vietnam substantially transform the non-Vietnamese-origin components into Vietnam products. The manufacturing process in Vietnam does create a new and different article of commerce with a distinct character and use that is not inherent in the components imported into Vietnam. Therefore, the country of origin of the flush mount ceiling light is Vietnam, and the China Section 301 remedies do not apply. 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 Michael Chen at michael.w.chen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division