The country of origin of a 30-Inch Extendable Fire Poker

N362775 July 24, 2026 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 a 30-Inch Extendable Fire Poker Dear Ms. Jin: In your letter dated June 30, 2026, you requested a country of origin determination for purposes of Section 301 and other duties. Pictures of the item in different stages of manufacture were included with your submission, along with a narrative of the manufacturing processes. The merchandise is identified as a 30-Inch Extendable Fire Poker, Model GS06812. It is a manual hearth tool used to shift, lift and stir burning firewood and embers at a safe distance. The tool incorporates a wood handle that is connected to an extension rod, which is attached to a V-shaped head with two tips. During use, the extension rod is extended and retracted by pressing a button located at its base. The telescoping poker extends to 30 inches, allowing a user to stoke flames and adjust logs from a safe distance. You propose two manufacturing scenarios. The first scenario begins in Vietnam, where steel sourced from Vietnam or other countries is processed into two sections of the product’s head. The head consists of two separate rods. The first rod is cut to length, then machined to form its tip, and finally beveled at the other end by lathe turning. The second rod is also cut to length, then cold-headed to shape the tip, and subsequently machined to achieve the final tip and exterior profile. These two rods are then sent to China and are welded together at a V-shaped angle. The head is subsequently welded onto a Chinese-origin extension rod, followed by electroplating for surface finish and corrosion protection. Finally, the head and extension rod are assembled with a Chinese-origin wood handle and carrying rope. The second manufacturing scenario is similar to the first, except the two rods that form the head of the extendable fire poker are welded together in Vietnam as opposed to China. When determining the country of origin for purposes of applying current trade remedies under Section 301 and additional 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 your manufacturing scenarios, there is no dispute that the two rods that form the V-shaped head of the extendable fire poker, which are produced in Vietnam, are dedicated for use in the finished fire poker. In other words, they have a pre-determined use at the time they are exported from Vietnam to China. However, while this is a consideration, as noted by the court in National Hand Tool, this does not preclude a finding of substantial transformation. Unlike the tools in National Hand Tool that were in the final form at the time they left Taiwan and were clearly recognizable by name, these rods (whether welded together or not) that leave Vietnam are not clearly recognizable as parts of a finished extendable fire poker. As the court stated in National Hand Tool, we must look at the totality of the evidence. We also must consider the product at issue, how it functions, and the purpose of the components within it carrying out its function. The extension rod, which is fully manufactured and assembled in China, is an essential component to the operation of an extendable fire poker. It does not function merely as a handle. This component serves as the critical base of the poker head and is essential to preventing the user from being burned. Therefore, the totality of the evidence leads our office to conclude that the country of origin of the finished 30-Inch Extendable Fire Poker, Model GS06812, in both of your manufacturing scenarios is China. 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 P. Forkan Director National Commodity Specialist Division