The country of origin of a gas-powered mini dirt bike

N349019 June 12, 2025 OT:RR:NC:N2:201 CATEGORY: Origin Kerry Wang Braumiller Law Group PLLC 5220 Spring Valley Road, Suite 200 Dallas, TX 75254 RE: The country of origin of a gas-powered mini dirt bike Dear Ms. Wang: In your letter dated May 14, 2025, you requested a country of origin ruling on behalf of your client, GoLabs, Inc., located in Carrollton, TX, for a mini dirt bike. You provided a video and documents showing the manufacturing process and a Bill of Material (BOM) showing the country of origin of all components and materials. The dirt bike, model B200R, is powered by a 196cc gas powered spark-ignition internal combustion engine. The specific specifications for the B200R are the following: Single cylinder air-cooled 4-stroke Displacement: 196cc Rated Power: 4.85KW/3600rpm (6.5 hp) Max Torque: 9.76 ft-lbs/2500 rpm Weight: 34 lbs. Ignition System: Non-contact Transistorized Ignition (TCI) Start Mode: Recoil pull start Fuel Tank Capacity: 3.5 liters (0.93 gallons) You state all bike frame manufacturing and assembly occurs in Vietnam. The stamped tubular parts of the frame are fabricated and assembled by welding. Once fully assembled, the bike frame assembly is exported to China for further processing. The following assembly steps occur in China: Frame Pre-Processing: The frame is positioned on the marking fixture and the VIN is printed. Anti-rust oil is then applied. Handlebar Sub-Assembly: The grip, headlight switch, and rear brake lever are installed on the left side. The kill switch is mounted. The throttle limiter bracket, throttle limiter inserts, throttle cable, and grip are installed on the right side. Lower Triple Clamp Sub-Assembly: The left and right headlight brackets and front fender mounting plates are attached to the lower triple clamp. It is secured with flange bolts and nuts. Rear Wheel Sub-Assembly: Bearings, rear wheel hub spacers, and support washers are installed into the rear wheel. The sprocket is mounted, and the brake disc is secured. Front Wheel Sub-Assembly: Bearings, front wheel hub spacers, and support washers are installed into the front wheel. Steering and Foot peg Assembly: Lubricant is applied to steering stem races. The front forks are mounted. The lower and upper triple clamps are installed. Front/Rear Fenders: The reflector, front fender, and rear fender are installed. Handlebar Assembly: The clutch is installed and connected to the idler sprocket. The handlebar is positioned and secured. Headlight and Throttle Cable Assembly: The main wiring harness is routed and secured. The headlight is attached. The regulator is installed. The throttle cable is connected to the carburetor and adjusted. The chain guard is attached. Rear Disc Brake and Chain Cover Assembly: The chain cover is installed, the side stand is mounted, and the rear brake caliper is secured. The seat is fastened. The bike is stabilized on the shipping frame and packaged in a corrugated box for shipping. Additionally, the engine reduction bracket sub-assembly and engine and foot peg mounting occur in China. When determining the country of origin, the substantial transformation analysis is applicable. See 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). You request that CBP rule the country of origin of the mini dirt bike is Vietnam, as the frame, which imparts the essential character of the mini dirt bikes, is manufactured entirely in Vietnam. It has been the opinion of CBP that the frame, which in this case is a product of Vietnam, is the part of a bicycle, or in this case, dirt bike, that imparts its “essence.” Based on the information provided, the culmination of production processes performed in China to the Vietnamese frame and fork does not substantially transform the frame. Accordingly, the merchandise will be a product of 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 Matthew Sullivan at matthew.sullivan@cbp.dhs.gov. Sincerely, (for) Steven A. Mack Director National Commodity Specialist Division