The country of origin of C-Locking Pliers

N346278 March 19, 2025 OT:RR:NC:N1:118 CATEGORY: Origin Yan Chen Weihai Maxpower Advanced Tool Co., LTD No. 8-9. 8-22 Huizhou Road, Wendeng Weihai 264400 China RE: The country of origin of C-Locking Pliers Dear Ms. Chen: In your letter dated February 26, 2025, you requested a country of origin determination on C-Locking Pliers for purposes of Section 301 duties. The subject pliers, so-called due to their shaped jaws, are hand tools normally used to hold wood, metal, or other work pieces in carpentry, welding, and similar pursuits. Pictures and descriptions of the manufacturing processes were included in your submission. You have stated that the C-Locking Pliers are comprised of several components produced in two countries, South Korea and China. These components include a fixed jaw, moveable jaw, fixed handle, adjustable handle, release lever, pivot joint, swiveling pads, and adjusting bolt/screw. The fixed jaw, moveable jaw, fixed handle, and adjustable handle are made using steel bars sourced from China. The steel bars will be shipped to South Korea, where they will be forged into the final shape and form of the jaws and handles. Next, the jaws and handles are shipped to China where they are further machined, heat-treated, and plated. This includes drilling holes in the jaws so they can be assembled with the handles. The jaws and handles are then assembled with the following Chinese-origin components: pivot joint, release lever, rivet pins, spring, swiveling pads, and adjusting bolt/screw. Finally, the finished C-Locking Pliers are packaged and shipped to the United States. 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 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). In regard to the C-Locking Pliers, we find that the processes and assembly operations performed in China do not constitute a substantial transformation of the four main components of the tool (i.e., the fixed jaw, moveable jaw, fixed handle and adjustable handle) that are manufactured in South Korea.? These articles provide the principal characteristics of the finished tool, are dedicated for use as such, and cannot be used for any other purpose. ?The character of the handles and jaws remains unchanged after the processing and assembly that occurs in China.? Therefore, it is the opinion of our office that the country of origin of the finished C-Locking Pliers 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