The country of origin of air fryers from Vietnam

N351789 August 20, 2025 OT:RR:NC:N4:410 CATEGORY: Origin Nate Bolin K&L Gates LLP 1601 K Street, N.W. Washington, DC 20006 RE: The country of origin of air fryers from Vietnam Dear Mr. Bolin: In your letter dated July 29, 2025, on behalf of your client Midea America Corporation (“MCA”), you requested a country of origin determination ruling for an air fryer for the purposes of applying current trade remedies under Section 301. The product under consideration is described as “CN/CY Air Fryers I” model numbers MF-CN70K1 (customer model number MAD70109APK), MF-CY70K1 (customer model number MAD74109APK), MF-CN55K1 (customer model number MAD50109APK), and MF-CY55K1 (customer model number MAD53109APK). These air fryers are electric countertop cooking devices for household use packaged for sale to individual consumers. The air fryers cook food by circulating hot air around the ingredients using fan blades. The CN/CY Air Fryers I are manufactured by MAC’s affiliate, Midea Consumer Electric (Vietnam) Co., Ltd. (“MVN”) in Vietnam. In your letter you state the only distinct features between the CN and CY models are the following: (1) the interface and frying bucket configuration; (2) the number of fan blade leaves; (3) the presence of certain resistors in the main control board of the CY models; and (4) the presence of the interior lamp in the CY models. Further, the MF-CN55K1 and MF-CY55K1 models have a 5.5-liter capacity and a height of 35 cm, whereas the MF-CN70K1 and MF-CY70K1 models have a 7-liter capacity and a height of 34-35 cm. Except for the minor variations in the parts and sizes, all such units will use the same platform and share the same production process, as described below. The Vietnamese-origin materials and processing costs represent the majority of the total costs for the CN/CY Air Fryers I models. The CN/CY Air Fryers I are manufactured in Vietnam through a three-stage process. The first stage involves three phases: (1) Phase One is the production of the structural body and other plastic components from plastic materials. (i.e., baking tray insulation block, front cover of the frying bucket, motor cover, upper main body, top panel, lower main body, power box and air outlet window). MVN in Vietnam uses injection molding techniques to manufacture the plastic parts of the CN/CY Air Fryers I from plastic raw materials (polyamide, polycarbonate, polypropylene, and polyethylene terephthalate/polybutylene terephthalate) from Vietnam, Thailand, Cambodia and China that are commingled in the injection molding stage. (2) Phase two is the production of metal parts from galvanized steel coil and aluminum-coated steel coil followed by metal spraying of certain parts. MVN will manufacture metal parts from commingled Vietnamese and Chinese-origin galvanized steel coil and Chinese-origin aluminum-coated steel coil. The internal base plate, frying bucket, reflective cover, and baking pan of all CN/CY Air Fryers I models plus the surrounding wall of the MF-CN55K1 and MF-CY55K1 models are produced in Vietnam from galvanized steel coil by a continuous stamping process and similar metal working techniques. (3) Phase three is the production of the heating tube or heater from different materials. The heating tube or heater of the CN/CY Air Fryers I is manufactured by a third-party supplier of MVN in Vietnam from raw materials from different countries (including China). The production process in Vietnam specifically includes wire stringing, tube drawing, wire winding, wire welding, rod cutting, powder filling of the tube, tube shrinking, and tube bending among other many processing steps. In the second stage, a third-party supplier of MVN in Vietnam will manufacture the CN/CY Air Fryers I’s display panel and main control board using surface mounting technology (SMT). In the final stage, MVN will place the Vietnamese-origin body and other plastic and metal components with the remaining components originating from Vietnam and China on the main assembly line to produce the finished CN/CY Air Fryers I. MVN in Vietnam then performs the final assembly, testing, and packaging of each unit. When determining the country of origin, the substantial transformation analysis is applicable. See, e.g., 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). In order to determine whether a substantial transformation occurs when components 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/manufacturing operations that are minimal will generally not result in a substantial transformation. This office reviewed the provided assembly process flow charts and is of the opinion that the components undergo processing in Vietnam that is sufficiently complex and meaningful as to result in a substantial transformation, such that these components lose their individual identities and become an integral part of a new article, possessing a new name, character, and use. In addition, essential parts are manufactured in Vietnam. Thus, from the details submitted, we agree that the country of origin for the CN/CY Air Fryers I will be 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 Michael Chen at michael.w.chen@cbp.dhs.gov. Sincerely, (for) James Forkan Acting Director National Commodity Specialist Division