The country of origin of a refillable sunscreen applicator.

N347762 May 8, 2025 OT:RR:NC:N4:415 CATEGORY: Origin Laura Waters Solar Buddies Unit 2, Avondale Industrial Estate, Pontyhydyrun, Cwmbran, NP441UG United Kingdom RE: The country of origin of a refillable sunscreen applicator. Dear Ms. Waters: In your letter dated April 14, 2025, you requested a country of origin ruling. The product under consideration, “Solar Buddies,” is described as a refillable sunscreen applicator intended for applying sunscreen to the skin in a smooth, mess-free manner. The applicator consists of five components: a plastic bottle, a screw-top lid, a rollerball housing (to be integrated into the lid), the rollerball head, and a sponge applicator. The foam sponge will be manufactured in the United Kingdom. The other components are sourced from China. The parts will be assembled in the United Kingdom and then packaged for sale. When determining the country of origin, 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). In order to determine whether a substantial transformation occurs when components 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/manufacturing operations that are minimal will generally not result in a substantial transformation. This office reviewed the details provided for this sunscreen applicator. We note that simple assembly of the assorted parts would not constitute a substantial transformation due to it not being sufficiently complex and meaningful to result in the Chinese components losing their individual identities and become an integral part of a new article, possessing a new name, character, and use. Further, we find that the Chinese components hold the essential identity of the finished refillable sunscreen applicator. As such, we hold the opinion that the country of origin for this product would be China. 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 CBP Regulations (19 CFR 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 Kristopher Burton at kristopher.burton@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division