The country of origin and marking of a mode shift actuator for top-loading washing machines

N350285 July 14, 2025 OT:RR:NC:N1:104 CATEGORY: Origin Cindi Kavanaugh Mohawk Global Trade Advisors 4455 Genesee Street Buffalo. NY 14225 RE: The country of origin and marking of a mode shift actuator for top-loading washing machines Dear Ms. Kavanaugh: In your letter dated June 16, 2025, on behalf of your client HTI Technology & Industries, Inc. (HTI), you requested a ruling on country of origin and marking. The product in question is a Mode Shift Actuator, part number 219000, which will be produced in China and Cambodia using components of these and other countries under two different production scenarios. Its role is to enable the transition between the top-loading washing machine’s agitating wash cycle and the spin/dry cycle by mechanically engaging or disengaging the agitator clutch. You state that at the end of the wash cycle, the washing machine’s controller activates the Mode Shift Actuator’s gear motor, which lifts the agitator clutch gear. This disengages the agitator from the agitator/drum motor, allowing the tub to spin freely during the spin/dry cycle to drain water from the tub. After the spin cycle, the Mode Shift Actuator’s gear motor is reactivated to lower the clutch back into place, re-engaging the agitator/drum motor with the agitator, and readying the machine for the next wash cycle. The Mode Shift Actuator includes a cam, mounted on the motor shaft and designed with an axial ramp profile, which interacts with a spring-loaded pivoting component referred to as the yoke. As the gear motor rotates, the yoke tracks the contour of the cam, translating the rotational motion into linear displacement of the clutch. The Mode Shift Actuator also uses a microswitch to provide electrical feedback confirming the clutch position. In production scenario 1, HTI will purchase the gear motor, microswitch, and Tyco terminal and housing from China. The plastic yoke, cam, and the bracket that holds these in place will be injection molded in Cambodia. The remaining components, including lead wires, switch quick connect, torsion spring, clips, screws, and tape will be purchased from either Cambodia, Taiwan, or India. All assembly, testing, and packaging will take place in Cambodia. In production scenario 2, HTI will purchase the gear motor, microswitch, lead wires, switch quick connect and Tyco terminal and housing from China. The yoke, cam, and bracket will be injection molded in Cambodia. The remaining components will be purchased from one of the non-China countries indicated in scenario one. As in scenario 1, all assembly, testing and packaging will take place in Cambodia. For both production scenarios, the Cambodian assembly operations include: 1) automated crimping or swaging of wires, leads, and connectors; 2) using automated equipment to screw the motor onto the bracket; 3) automated taping of the wire harness, and 4) aligning, pressing, and fitting together of the main components. When determining the country of origin, 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). Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States, the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940). Part 134 of the U.S. Customs and Border Protection Regulations (19 CFR 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” 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 the marking laws and regulations. In order to determine whether a substantial transformation occurs when components of various origins 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 operations that are minimal will generally not result in a substantial transformation. Although we do not consider the Cambodian assembly operations to be particularly complex, the Cambodian-origin yoke, cam, and bracket impart the essential identity and function of the Mode Shift Actuator. These Cambodian components, when assembled with the gear motor, convert the rotational motion from the motor into linear displacement of the clutch, the core mechanical function of the Mode Shift Actuator. Considering the totality of the facts and circumstances presented, we find that the country of origin of the Mode Shift Actuator, for both production scenarios, is Cambodia. 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 Arthur Purcell at arthur.purcell@cbp.dhs.gov. Sincerely, (for) James Forkan Acting Director National Commodity Specialist Division