The country of origin of bypass pruning shears

N351683 July 31, 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 bypass pruning shears Dear Ms. Jin: In your letter dated July 25, 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 merchandise under consideration is a pair of bypass pruning shears. The shears consist of two curved steel blades, one concave and the other convex, that are connected by a pivot to aluminum alloy handles. The handles incorporate a spring mechanism for opening and closing, along with a locking mechanism. In operation, the blades bypass each other and are used to cut shrubs, branches and other greenery. You proposed two manufacturing scenarios for the bypass pruning shears Scenario one: In Vietnam, carbon steel plate is stamped into the final size and shape of the concave and convex blades. Holes are also stamped into each blade for assembly purposes. The blades are then sent to China, where they are polished, sharpened, heat-treated and surface treated. The handles are die cast from aluminum alloy and are assembled with the blades using screws, gaskets, a spring and other small Chinese-origin components. Scenario two: In Vietnam, the carbon steel plate is stamped into the final size and shape of the concave and convex blades. Holes are also stamped into each blade for assembly purposes. Additionally, the handles are die cast from aluminum alloy. The blades and handles are then sent to China where they are assembled using screws, gaskets, a spring and other small Chinese-origin components. 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). In regard to the bypass pruning shears, it is our view that the concave and convex blades hold the essential identity of the finished bypass pruning shears. The further processing of the blades and assembly operations that occur in China do not substantially transform them into new or different articles. As such, we hold the opinion that the country of origin for the bypass pruning shears 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) James Forkan Acting Director National Commodity Specialist Division