The country of origin of a breaker bar and a pry bar

N356381 December 11, 2025 OT:RR:NC:N1:118 CATEGORY: Origin Lawrence Friedman Barnes, Richardson & Colburn 303 East Wacker Drive, Suite 305 Chicago, IL 60601 RE: The country of origin of a breaker bar and a pry bar Dear Mr. Friedman: In your letter dated November 24, 2025, on behalf of your client, Apex Tool Group, you requested a country of origin determination for purposes of Section 301 and IEEPA duties. Pictures of the items in different stages of manufacture were included with your submission, along with narratives of the manufacturing processes. The first item under consideration is identified as a 3/8" Dr Breaker Bar 10". It consists of a 10" long handle and curved head that is attached to a flexible joint with a 3/8" drive, which attaches to various sockets. It provides extra leverage to a socket when removing overtightened nuts or bolts. The second item is identified as a 5" Pocket Pry Bar 1/4". It incorporates a plastic handle attached to a steel bar with a flattened end, which can be inserted under an object to provide leverage and force. It is used to lift, separate or dismantle objects or materials. The manufacturing process for the breaker bar begins in Vietnam, where Chinese-origin steel bars are hot forged into blanks that are the approximate circumference and length of each finished breaker bar. The blanks are then shipped to China for machining, milling, drilling and tapping on the head to meet dimensional requirements. Each is further ground, heat treated and plated before being assembled with the flexible joint. The manufacturing process for the pry bar also begins in Vietnam, where Chinese-origin steel bars are hot forged using a specialized forging press that shapes the steel into the pry bar blank, including the rough flat end. The blanks are then cut and trimmed to remove excess material, before being punched, pressed and bent to their specific dimensions to meet the requirements. Subsequently, the blanks are shipped to China for heat treating and plating before being assembled with plastic handles. 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 breaker bar, the forged handle manufactured in Vietnam is exported to China with a pre-determined end use as a type of handle that provides extra leverage to a socket. Functionally, the forged handle and its circular head enable a user to grip and manually apply the force required to remove fasteners. In totality, the processing and assembly operations in China do not substantially transform the forging from Vietnam. No article emerges from the operations in China with a new name, character, or use. Accordingly, the country of origin of the 3/8" Dr Breaker Bar 10" will be Vietnam. With regard to pry bar, it is our view that steel is substantially transformed in Vietnam into recognizable blanks of the finished pry bar. Based on the submitted information and pictures, it is our opinion that no article emerges from the finishing operations in China with a new name, character, or use different from that prior to processing. Although not ready for immediate use, the blanks that arrive in China have a pre-determined use and are in a dedicated physical form of sockets and an extension adaptor. It is therefore our opinion that the country of origin of the finished 5" Pocket Pry Bar 1/4" 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) Deborah Marinucci Designated Official Performing the Duties of the Division Director National Commodity Specialist Division