The country of origin of a paint applicator from China.

N348947 June 6, 2025 OT:RR:NC:N4:415 CATEGORY: Origin Eric D. Dunagan NTG Supply Chain Solutions 10475 Crosspoint Boulevard Indianapolis, IN 46256 RE: The country of origin of a paint applicator from China. Dear Mr. Dunagan: In your letter dated May 13, 2025, you requested a country of origin ruling on a sponge applicator on behalf of your client, Benamy International, Inc. The product under consideration is described in your submission as a paint brush. We note it lacks any bristles and instead features a small, shaped plastic sponge that is attached to a wooden handle. The provided documents indicate that this applicator will be assembled in Thailand from components sourced in New Zealand and China. The construction of this article is described in the following steps: 1. Bulk shipments of wood from New Zealand arrive in Thailand where they are machined into dowels and then have a small circular hole drilled into the end of each dowel. 2. The applicator sponge is produced in China and shipped to Thailand. It comes with a small plastic tip to be inserted into the dowel and will arrive loose and pre-cut into the required shape. 3. The factory in Thailand applies a small amount of glue to the hole in the dowel and inserts the sponge to secure it. 4. 48 sponge brushes are placed in an inner carton manufactured in Thailand. 5. These inner cartons of 48 sponge brushes are then placed in shippable cartons and exported to the United States. 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. We find that the sponge head holds the basic nature of the finished article and does not become a new article having a new name, character, or use after being attached to the handle in Thailand. Therefore, the origin of the finished paint applicator will remain the same as the origin of the sponge head as it is not substantially transformed in Thailand. Accordingly, the country of origin for this paint “brush” applicator will 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, please contact National Import Specialist Kristopher Burton at kristopher.burton@cbp.dhs.gov. Sincerely, (for) Steven A. Mack Director National Commodity Specialist Division