The country of origin of a pen

N350091 July 1, 2025 OT:RR:NC:N4:422 CATEGORY: Origin Ms. Maria Celis Neville Peterson LLP 55 Broadway, One Exchange Plaza, Suite 2602 New York, NY 10006 RE: The country of origin of a pen Dear Ms. Celis: In your letter dated June 11, 2025, you requested a country of origin ruling on behalf of your client, HPG Brands. A sample was submitted and will be returned to you under separate cover. The merchandise under consideration is described as model #693 Aluminum Pen. In your letter, you indicated that all parts including the touch, plunger ring, clip base, clip, barrel, spring, tip, and runner are sourced in China. The refill (ink cartridge) is sourced in India. All components will be shipped to China for assembly of components. The assembly process takes place in China. The assembly of pen is taking the refill, putting it into the barrel, and clipping the ears and nose cone with main components. The “country of origin” is defined in 19 CFR 134.1(b) as “the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘country of origin’ within the meaning of this part.” 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, 69 C.C.P.A. 151 (1982); United States v. Gibson-Thomsen Co. Inc. 27 CCPA 267, C.A.D. 98 (1940); National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F. 2d 1201 (Fed. Cir. 1993); Anheuser Busch Brewing Association v. The United States, 207 U.S. 556 (1908). However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983). Substantial transformation determinations are based on the totality of the evidence. See Headquarters Ruling (HQ) W968434, date January 17, 2007, citing Ferrostaal Metals Corp. v. United States, 11 CIT 470, 478, 664 F. Supp. 535, 541 (1987). In your request, you suggest that the country of origin for the pen is India. We agree. The ink is injected into cartridges in India. The refill (ink cartridge) is sourced in India. The Indian origin ink cartridge resulted in a substantial transformation of the components. The assembly of the components in China does not constitute a change in name, character, or use. We note that specific product numbers are not identified in your submission. At the time of Entry/Entry Summary you may be requested to verify the information on raw materials, sources or value, etc., for any specific shipment or product. It is our opinion that the country of origin for marking purposes of the ball point pens will be India. 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 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 Dana L. Giammanco at dana.l.giammanco@cbp.dhs.gov. Sincerely, (for) James Forkan Acting Director National Commodity Specialist Division