The country of origin of clamps

N350343 June 26, 2025 OT:RR:NC:N1:118 CATEGORY: Origin Fay Jin GreatStar Industrial USA, LLC 9836 Northcross Center Court, Suite A Huntersville, NC 28078 RE: The country of origin of clamps Dear Mr. Jin: In your letter dated June 18, 2025, you requested a country of origin determination for purposes of Section 301 and IEEPA duties. Pictures of the merchandise in different stages of manufacture were included with your submission, along with a narrative of the manufacturing processes. The subject articles are a metal spring clamp and a plastic spring clamp. The metal spring clamp consists of nickel-plated steel jaws and handles with polyvinyl applied to the handles and over the tips of the jaws. The plastic spring clamp consists of plastic jaws and handles with plastic swivel pads attached to the tips of the jaws. They are used for clamping and securing various materials. The manufacturing process for the metal spring clamp begins in Vietnam. Raw steel roll, sourced from Vietnam and other countries, is stamped into the final size and shape of the left and right jaws and handles of the clamp. These two articles are then sent to China, where they are nickel plated and assembled with a spring and a screw. Finally, the polyvinyl is applied to the handles and over the tips of the jaws The manufacturing process for the plastic spring clamp also begins in Vietnam. Plastic powder, sourced from Vietnam and other countries, is injection molded into the final size and shape of the left and right jaws and handles of the clamp. These two articles are then sent to China, where they are assembled with a spring and a screw. Finally, the swivel pads are attached to the tips of the jaws. When determining the country of origin for purposes of applying current trade remedies under Section 301 and other duties, 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). Regarding both the metal spring clamp and the plastic spring clamp, it is our view that a substantial transformation takes place in Vietnam. Raw steel roll is stamped into the final size and shape of the left and right jaws and handles of the metal spring clamp in Vietnam. Similarly in Vietnam, plastic powder is injection molded into the final size and shape of the left and right jaws and handles of the plastic spring clamp. These articles provide the principal characteristics of the finished clamps, are dedicated for use as such, and cannot be used for any other purpose. Based on the provided descriptions and pictures of the additional processing and assembly operations performed in China, they are not substantially changed so as to transform them into a new article with a different name, character, or use. It is therefore the opinion of this office that the country of origin of the metal spring clamp and the plastic spring clamp is 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 Anthony Grossi at anthony.e.grossi@cbp.dhs.gov. Sincerely, (for) Steven A. Mack Director National Commodity Specialist Division