CLA-2 CO:R:C:S 555811 WAW

Allen E. Smith, Esq.
Allen E. Smith and Associates
470 McAllen National Bank
McAllen, TX 78503

RE: Eligibility of the Series 5000 Aluminum Diffusers, RH Return Grille, Opposed Roll-Formed Blade Damper, "LS4" Supply Grille, and 8" x 4" L.M.H. Supply Grille for duty-free treatment under the GSP

Dear Mr. Smith:

This is in response to your letter of December 5, 1990, on behalf of Metal Industries, Inc., requesting a ruling that certain diffusers, dampers and grilles assembled in Mexico and used in the U.S. in the production of HVAC air distribution systems are entitled to duty-free treatment under the Generalized System of Preferences (GSP) (19 U.S.C. 2466-2466). Additional information was submitted by letters dated May 23, 1991, September 26, 1991, and February 7, 1992. Samples of the merchandise at issue were also received by this office.

FACTS:

You state that your client wishes to obtain duty-free treatment under the GSP for certain diffusers, dampers and return grilles which are currently being assembled in Mexico from components imported into that country. The following is a list of the products which are the subject of this ruling request: "Series 5000 Aluminum Diffuser," "RH Return Grille," "Opposed Roll-Formed Damper (OBDR)," "LS4 Supply Grille," "8" x 6" LMH Supply Grille."

Product 1: Series 5000 Aluminum Diffuser

The Series 5000 Aluminum Diffuser unit is specifically designed to be a three part assembly consisting of one outer frame assembly, one blade core assembly and one extruded aluminum opposed blade damper assembly. The diffuser is comprised of foreign-origin aluminum shapes and strips of different lengths and sizes, corner angles, frame keys, springs, latches, center cones, aluminum stampings, bushings, and rivets which are imported into Mexico. The specific details of the assembly process of the three component parts of the Series 5000 Aluminum Diffuser are set forth below.

Component 1: Frame Assembly

(1) Extruded aluminum shapes of different lengths are miter cut to length to produce the frame shapes;

(2) Square holes to accept the blade core assembly latches are slotted at each corner of the frame shapes;

(3) The frame assembly is formed with four corner frame keys that are hydraulically staked and crimped to the corners of the four shapes;

(4) Four corner angles are drive-riveted to the bottom of the frame to secure and complete the frame assembly.

One worker is responsible for cutting and slotting the shapes for the frames, and placing the frames in baskets for delivery to a second worker. The second worker is responsible for hydraulically crimping, staking and inspecting the frame. You claim that this concludes the first substantial transformation of the frame components.

Component 2: Blade Core Assembly

(1) Extruded aluminum shapes of different lengths are miter cut to length to form blades;

(2) Each row of blade assemblies (the larger the diffuser unit, the more blade assemblies required) is secured by means of pre-stamped and pre-holed, corner brackets which are placed on the corners of the four blades and secured by pressure staking and crimping the brackets to the blades;

(3) The bottom (smallest) blade assembly is also slotted to accept an X braced pre-stamped and pre- assembled center cone. The center cone braces are inserted in the bottom blade assembly and crimped to secure and form the base assembly for the blade core;

(4) Additional blade assemblies are riveted to the previous blade assemblies in progressively larger sizes. The larger blade assemblies are riveted to the next smallest blade assemblies' corner brackets;

(5) An exterior core rail is cut to length from aluminum shapes of different lengths, and punched; (6) The core rail is assembled to the larger blade assembly, riveted to the inserts, and the four core rail ends are engaged and crimped to secure the blade core assembly;

(7) Four pre-stamped curved latches, four springs, and four plastic latch boxes are assembled and attached to the inside of the core rail, with the end of the latch protruding from the rail to complete the blade core assembly.

One worker is responsible for cutting and slotting the blades and shapes, and cutting, punching and forming the core rails which are subsequently delivered to an assembly area. Two workers are responsible for hydraulically crimping the blade shapes to form the blades, crimping the center cones and riveting the brackets to form the blade core. You claim that this concludes the first substantial transformation of the blade core components.

Component 3: Opposed Blade Damper-Extruded (OBDE) Assembly

(1) Blades are cut to length from multiple length extruded aluminum strips;

(2) The ends are punched and cut to length from multiple length extruded aluminum strips;

(3) Side Rails are cut to length from multiple length, pre-punched aluminum strips. The bottom of one side rail is then punched (slotted) to accept the operator lever (top side rail);

(4) A pre-cut and pre-punched action rod is inserted into grooves in the top side rail. The operator lever is inserted into a slot of the top side rail and riveted to the action rod;

(5) Active and passive injection molded nylon bushings are attached to the blades. The blades are then attached to the side rails;

(6) Tension clips are attached to the ends;

(7) Two ends are screwed to the two side rails to complete the damper assembly.

Two workers are responsible for cutting, punching, and slotting the blades, ends and side rails. Other workers are responsible for assembling the blades and bushings, riveting the action rod, assembling the frame and inserting the blades. The importer claims that this constitutes a single substantial transformation of the damper components.

Finally, once the frame assembly, blade core assembly and damper assembly are completed, they are joined together to form part of an engineered HVAC air distribution system that balances and distributes air flow within a given area in a building. The damper assembly is inserted into the base of the frame assembly, the blade core assembly is mounted onto the frame assembly and secured to the frame assembly by inserting the spring loaded latches in the square holes punched in the corner of the frame assembly to complete the diffuser. The finished article is then wrapped and packaged for shipment to the U.S.

Product 2: RH Return Grille

The RH Return Grille is designed for all normal return or exhaust applications which are located in the sidewall or ceiling. The Return Grille is made of foreign-origin extruded aluminum shapes of different lengths and sizes, frame keys, roll formed aluminum strips, shapes, and rivets. The grille consists of an inner core assembly and an outer frame assembly. The inner core assembly and outer frame assembly are assembled together to create the grille. The specific details of the assembly process of the RH Return Grille are set forth below.

Component 1: Frame Assembly

(1) Extruded aluminum shapes of different lengths are miter cut to length to produce the frame assembly;

(2) The frame assembly is framed with four corner frame keys that are hydraulically staked and crimped to the corners of the four shapes to complete the frame assembly.

Two workers are responsible for cutting, staking and inspecting the frame assembly.

Component 2: Blade Core Assembly

(1) Side rails are cut to length from multiple length extruded and pre-punched aluminum shapes;

(2) Blades are cut to length from multiple length roll formed aluminum strips;

(3) The right side rail is placed in an assembly fixture. The blades are assembled to the right side rail at the corresponding slots and aligned;

(4) The left side rails are fitted to blades at the corresponding slots, and blade tabs on both sides are bent to secure side rails;

(5) The center, top and bottom rails are cut to length from multiple length pre-slotted roll formed aluminum shapes;

(6) The center rails are fitted to the back of the blade assembly to secure alignment of the blades;

(7) Top and bottom rails are assembled to the side and center rails and their tabs are bent to complete the blade core assembly.

One worker cuts and punches blades and rails for the core. Meanwhile, two other workers assemble the blade assembly. Next, the blade assembly is transported to two workers for fitting of the rails to complete the blade core assembly. You claim that this manufacturing process results in a substantial transformation of the blade core components into a new and different article of commerce.

Finally, the finished unit is assembled by means of mounting the blade core assembly to the frame assembly. The blade core assembly is secured to the frame assembly by drilling a hole in each side of the frame and riveting them together. Next, the grille is inserted into the frame and the core is attached to produce the RH Return Grille unit.

Product 3: Opposed Roll-Formed Blade Damper (OBDR)

The Opposed Roll-Formed Blade Damper is used primarily in conjunction with grilles, diffusers and other products produced by Metal Industries, Inc., which do not require integral multi- shutter dampers or extruded opposed blade volume control dampers. The OBDR consists of roll-formed aluminum shapes and strips of different lengths, pre-cut aluminum shapes, operators, aluminum flat stock, rivets and bushings of foreign-origin. The specific details of the assembly process of the OBDR is set forth below.

The first step in the production of the damper is the manufacture of the two ends and two side rails as follows:

Component 1:

(1) The two ends are die cut, stamped and shaped from aluminum flat stock.

Component 2:

(1) Pre-cut and pre-punched aluminum shapes are machine bent at their ends to form C-shaped side rails. Component 3:

(1) The bottom side rail is punched to form a housing for the nylon operator.

You state that these operations result in a substantial transformation of the imported materials into new and different articles of commerce: ends and side rails. One worker is responsible for stamping and forming the damper ends. Another worker is responsible for bending and punching the side rails.

You claim that the assembly of the damper constitutes the second substantial transformation. The assembly process is as follows:

(1) The bottom (follower) bracket is riveted to the pre-cut and pre-punched action rod;

(2) The action rod is placed in the pre-bent bottom side rail (component 3). Bushings (butterflies) are placed on the action rod, and all are then secured by eyelets;

(3) Bushings (butterflies) are attached to the top side rail (component 2) with eyelets;

(4) the nylon operator is inserted into the top bracket and then the bracket (with operator) is riveted to the bottom side rail (component 3);

(5) Imported blades that were cut to length in Mexico are fitted to the bottom side rail (component 3);

(6) The pre-bent top side rail (component 2) is fitted to the blades;

(7) Shaped and punched ends (component 1) are inserted into the side rails and secured with eyelets to complete the assembly.

One worker is responsible for cutting the blades. Four workers place the action rod in the operators and side rails, eyelet them, assemble the operator to brackets and rivet them. Six workers assemble the blades and ends to the rails. Two workers complete the damper by eyeletting the ends to the side rails. Two workers back up any part of the line that slows down. The finished damper is inspected, and either wrapped and packaged for shipment to the U.S., or sent to another assembly line for use in another product. Product 4: "LS4" Supply Grille

The "LS4" Supply Grille is designed for use in ceiling applications which require the distribution of air in four different directions. Aluminum flat coil stock is imported into Mexico, together with multiple length roll-framed aluminum strips, pre-cut aluminum strips, shapes, stampings, molded nylon tension blocks, gaskets and rivets. The grille consists of blades which are assembled into an auxiliary core channel frame which is then assembled with the outer frame. The specific details of the assembly process of the component parts of the Supply Grille are set forth below.

The long and short blades of the supply grille are manufactured as follows:

(1) Aluminum flat coil stock is fed through a rotating cold forming die which shapes the flat stock into a curved (elliptical) shape with a horizontal lip on the bottom of the shape;

(2) Long blades and short blades are cut to length from the roll formed strip leaving an axis (formed by the lip) on each end for assembly purposes.

One worker in the blade area is responsible for roll forming the blades for this product and other products built in the plant. One worker in the blade area is responsible for cutting the blades to size and placing them in baskets for delivery to the assembly area.

The supply grille is assembled by the following processes:

(1) Short blades are assembled to imported center rails that were cut and punched in Mexico, and secured with injection molded tension blocks;

(2) A pre-cut roll-formed aluminum cover strip is attached to the center rail by crimping to form the inside blade assembly;

(3) The inside blade assembly and the long blades are assembled to the imported outside rails that were cut and punched in Mexico, and secured with tension blocks to complete the blade core assembly;

(4) Pre-slotted and pre-punched corners are riveted to a pre-stamped frame;

(5) The blade core assembly is inserted into the frame and secured mechanically to complete the assembly of the grille;

(6) The grille is degreased, cleaned and the outer surface is spray painted;

(7) An adhesive backed foam gasket is attached to the bottom of the grille frame to complete the unit.

(8) The grille, together with a set of mounting screws, are wrapped and packaged in a container for shipment to the U.S.

You contend that this assembly process constitutes the second substantial transformation of the imported materials into a new and different article of commerce. One worker is responsible for cutting and punching the side rails. Three workers are responsible for assembling the blade core. Two workers are responsible for completing the frame and assembling the core assembly to it. One worker inspects and operates the completed units and delivers them to the paint area. Four workers degrease, prime, paint, inspect and gasket the units. Lastly, two workers wrap, label and pack the units in shipping containers destined for the U.S. Product 5: 8" x 4" L.M.H. Supply Grille - Painted

The 8" x 4" L.M.H. Supply Grille is designed for ceiling and side wall applications which require one-way air pattern distribution. It consists of materials of foreign-origin such as aluminum flat coil stock, multiple length roll-formed aluminum strips, pre-cut aluminum strips, shapes, stampings, aluminum flat stock, molded nylon tension blocks, operator levers, action rods, eyelets, gaskets and rivets. The specific details of the manufacture and assembly of the components which make up the L.M.H. Supply Grille are set forth below.

(1) Aluminum flat coil stock is fed through a rotating cold forming die which shapes the flat stock into a curved (elliptical) shape with a horizontal lip on the bottom of the shape;

(2) Main blades are cut to size from the roll formed strip leaving an axis (formed by the lip) on each end for assembly purposes; (blade component)

(3) A pan-shaped frame is die cut, stamped, and shaped from flat stock; (frame component)

(4) The frame is slotted to receive operator lever and punched to receive back blades and riveted.

One worker in the blade area is responsible for roll forming the blades for the supply grille as well as other products manufactured in this plant. Another worker in the blade area is responsible for cutting the blades to size and placing them in baskets for delivery to the assembly area. One worker in the frame area is responsible for stamping and shaping the frame for the supply grille. Another worker in the frame area is responsible for punching and slotting the frames and riveting the corners and placing them in baskets for delivery to the assembly area.

The assembly of the supply grille is as follows:

(1) Blades are assembled to imported side rails that were cut and pre-punched in Mexico to accept blades, and secured with injection-molded nylon tension blocks, to form a blade core assembly;

(2) The blade core assembly is inserted into the pre- punched and riveted frame and secured to it mechanically;

(3) Pre-shaped back blades are assembled to the pre- punched frame and secured with eyelets;

(4) The action rod is assembled to the back blades with eyelets;

(5) The operator lever is attached with eyelets to the frame and action rod to complete the assembly of the grille;

(6) The grille is degreased, cleaned and the outer surface is spray painted;

(7) An adhesive backed foam gasket is attached to the bottom of the grille frame to complete the unit.

In the assembly of the frame and blades, one worker is responsible for cutting and punching the side rails. Three workers assemble the blades to the side rails and insert the core into the frame. Three workers assemble the back blades and operator by eyeletting to the frame. One worker inspects and operates the completed units and delivers them to the paint area. Four workers degrease, prime, paint, inspect and gasket the units. Two workers wrap, label and package the units for shipment to the U.S.

You claim that the final assembly of the blades and frame, along with the other constituent materials results in a double substantial transformation of the imported materials. You state that the LMH 8" x 4" painted supply grille is comprised of 19 components, that it takes approximately 0.13 man hours to produce, and that the manufacturing procedures in Mexico add approximately 36.1 percent in value to that of the imported materials. In addition, you state that the components which result from the first substantial transformation in some cases may be put into the company's inventory as "discrete" items, and may be shipped for use in other types of units not manufactured in Mexico.

ISSUE:

Whether the materials and components imported into Mexico and used in the production of HVAC air systems undergo a double substantial transformation, thereby permitting the cost or value of these materials to be included in the 35% value-content calculation required for eligibility under the GSP.

LAW AND ANALYSIS:

Under the GSP, eligible products which are the growth, product or manufacture of a designated beneficiary developing country (BDC) which are imported directly into the U.S. qualify for duty-free treatment if the sum of (1) the cost or value of the material produced in a BDC, plus (2) the direct costs involved in processing the eligible article in the BDC, is not less than 35% of the appraised value of the article at the time it is entered into the U.S. See section 10.176(a), Customs Regulations (19 CFR 10.176(a)).

As stated in General Note 3(c)(ii)(A), Harmonized Tariff Schedule of the United States Annotated (HTSUSA), Mexico is a designated BDC for purposes of the GSP. In addition, it appears from your description of the merchandise that the product at issue is classified under subheading 7616.90.0080, HTSUSA, which provides for "Other articles of aluminum: Other: Other." Articles classified under this subheading are eligible for duty- free treatment under the GSP provided they satisfy all of the legal requirements.

The cost or value of materials which are imported into the BDC to be used in the production of the article, as here, may be included in the 35% value-content computation only if the imported materials undergo a "double substantial transformation" in the BDC. That is, the non-Mexican materials must be substantially transformed in Mexico into a new and different intermediate article of commerce, which is then used in Mexico in the production of the final imported article - the HVAC air systems. See section 10.177(a), Customs Regulations (19 CFR 10.177(a)), and Azteca Milling Co. v. United States, 703 F. Supp. 949 (CIT 1988), aff'd, 890 F.2d 1150 (Fed. Cir. 1989).

The test for determining whether a substantial transformation has occurred 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, 69 CCPA 152, 156, 681 F.2d 778, 782 (1982).

With regard to the first product that you intend to import, the Series 5000 diffuser unit, you claim that the imported extruded aluminum will undergo a double substantial transformation in Mexico. Specifically, you state that the cutting, punching, assembling, and riveting operations substantially transform the imported aluminum material into a new and different article of commerce. You state that the frame, damper and blade core subassembly are further substantially transformed when the damper and blade core subassembly are assembled to the frame to form the completed Series 5000 diffuser unit.

Customs has previously held that cutting materials to defined shapes or patterns suitable for use in making finished articles, as opposed to mere cutting to length and/or width which does not render the article suitable for a particular use, constitutes a substantial transformation. See Headquarters Ruling Letter (HRL) 055684 dated August 14, 1979 (holding that those components of a water cooler gas absorption refrigeration unit which were formed by cutting to length, cleaning, and bending imported steel tubes into the required component shapes and configurations, or by cutting to length, flattening, and drilling holes into imported tubing, were substantially transformed constituent materials for GSP purposes, while those imported tubes which were simply cut to length and assembled into the final article were not); HRL 071788 dated April 17, 1984 (forming 18 karat gold wire into circles, ovals, and other specially designed links for bracelets results in a substantial transformation); and HRL 555532 dated September 18, 1990 (shearing cold rolled steel to rectangular shape, piercing to form the various openings, and roll forming the steel into tubular shape results in a substantial transformation). In each of the above cases, the raw material had numerous uses before undergoing the cutting operations and possessed little or nothing in its character to indicate its ultimate shape or purpose. The number and variety of potential uses was restricted and the essential character was permanently determined only after the cutting processes were performed.

Moreover, we have consistently held that punching of holes into pre-formed articles is insufficient to constitute a substantial transformation of the article into a new or different article of commerce. See HRL 555659 dated December 3, 1990 (the process of punching holes in formed tubes does not constitute a substantial transformation). Likewise, the process of punching holes in an aluminum frame and blade parts, which have already been cut to length, to facilitate the assembly process, does not appear to be any more involved than punching holes in pre-formed tubes.

Customs has previously held in HRL 555779 dated March 7, 1991, that finished wood molding which is angle-cut to specified lengths and subsequently assembled by hand tacking or stapling together the cut pieces into a picture frame, does not constitute the requisite double substantial transformation. In that ruling, we stated that:

Cutting the molding to length and assembly of the cut lengths constitute the next stage of processing of the same product. Unlike the situation in the venetian blind case, HRL 555265, the intermediate product in this case has but one use. After the wood is fabricated into lengths of finished moulding, it possesses the essential characteristics of a picture frame. The purported intermediate article and the final article are not separate and distinct articles of commerce since the sole use of both items, finished wood moulding and picture frames, is to display artwork, prints, photographs, etc.

We find in the case of the Series 5000 Aluminum Diffuser, that the cutting of the imported extruded aluminum into lengths suitable for use as parts of the frame, blade core and damper assemblies does not substantially transform the imported aluminum into new and different articles of commerce. Consistent with our holding in HRL 555779, the extruded aluminum components undergo simple cutting to length and/or angling operations which do not alter the specific shape or pattern of the material, nor does it affect the uses to which they may be put. Both before and after these operations, the extruded aluminum components are clearly recognizable and dedicated for use solely as frame parts or as blades suitable for use in blade core and damper assemblies.

Furthermore, based on the information submitted and the above cases, it is our opinion that the extruded aluminum strips and the purported intermediate products -- frame assembly, blade core assembly and opposed blade damper-extruded assembly -- merely represent different stages of the same product. In Superior Wire v. United States, 11 CIT 608, 669 F. Supp. 472 (CIT 1987), aff'd, 867 F.2d 1409 (Fed. Cir. 1989), the court held that for VRA purposes, wire rod drawn into wire was not substantially transformed into a product of Canada. In determining that there was no significant change in use or character, the court found that the operations performed on the wire rod were minor rather than substantial and concluded that the "wire rod and wire may be viewed as different stages of the same product." Id., 867 F.2d 1414.

In the present case, the extruded aluminum strips, whether for use in a frame, damper, or diffuser core have a predetermined quality, and as a result, Customs considers the strips, frame, damper, and diffuser core as the same product at different stages of production, rather than evidence that a substantial transformation has taken place. You argue that the name change is significant in finding that a substantial transformation results. The courts have held that although a name change may support a finding of substantial transformation, this fact is not necessarily determinative. Id., 867 F.2d 1414. Therefore, while the materials imported into Mexico are substantially transformed when processed and assembled into the completed Series 5000 diffuser unit, we find that no second substantial transformation results.

With regard to the second product, the RH Return Grille, based on the foregoing analysis, we are of the opinion that the cutting and crimping operations performed on the extruded aluminum in Mexico does not constitute a substantial transformation. In the instant case, the aluminum strips and shapes are simply cut to length rather than to defined shapes or patterns. The cutting to length of the extruded aluminum strips and shapes does not change the fundamental character of the aluminum. Before the components undergo the cutting and mitering operations, they are dedicated to a singular use as blades or frame parts for use in a return grille unit. Therefore, consistent with our discussion regarding the diffuser unit, no substantially transformed intermediate article of commerce results from the processing of the imported aluminum strips and shapes into the completed return grille.

With regard to the third product, the Opposed Roll-Formed Blade Damper (OBDR), we find that the die cutting, stamping and shaping operations substantially transform the imported aluminum flat stock into new and different articles of commerce. In HRL 555265 dated July 3, 1989, we held that cutting rolls of imported aluminum strips into lengths and crowning the cut strip substantially transform the imported strip into a new and different article of commerce. We find that the bending and cutting operations performed in the instant case are analogous to the operations performed in HRL 555265 and, therefore, it is our determination that the die cutting of the imported aluminum flat stock into two ends for use in the assembly of the damper constitutes a single substantial transformation of the imported aluminum. However, we find that the simple bending of pre-cut and pre-punched aluminum shapes and cutting to length of roll formed aluminum shapes does not constitute a substantial transformation of the imported materials into new and different articles of commerce.

Next, it must be determined whether a second substantial transformation of the constituent elements occurs so that the cost or value of the imported aluminum flat stock material from which the two ends are made may be counted toward the 35% value- content requirement. The importer claims that a second substantial transformation results from the final assembly of the blades, rails, action rod and bushings and other parts into the final product -- the opposed roll-formed blade damper.

C.S.D. 85-25 dated September 25, 1984 (HRL 071827) sets forth the basic criteria for determining whether an assembly operation will constitute a substantial transformation. In C.S.D. 85-25, Customs considered the issue of whether the assembly of components onto a circuit board results in a substantially transformed constituent material. In that decision, Customs held that an assembly process will not constitute a substantial transformation unless the operation is "complex and meaningful." Whether an operation is "complex and meaningful" depends on the nature of the operation, including the number of components assembled, number of different operations, time, skill level required by the operation, attention to detail and quality control, and the benefit to the BDC from the standpoint of both the value added to each PCBA and the overall employment generated thereby. In C.S.D. 85-25, it was stated that the factors which determined whether a substantial transformation occurred should be applied on a case-by-case basis.

With regard to whether a processing operation constitutes a substantial transformation, section 10.195(a), Customs Regulations (19 CFR 10.195(a)), is also instructive. According to 19 CFR 10.195(a), implementing the Caribbean Basin Economic Recovery Act (CBERA), no article shall be considered to have been produced in a CBERA beneficiary country by virtue of having merely undergone a simple, as opposed to complex or meaningful, combining or packaging operations. However, 19 CFR 10.195(a)(2)(ii)(D) provides that this exclusion shall not be taken to include:

A simple combining or packaging operation or mere dilution coupled with any other type of processing such as testing or fabrication (e.g., a simple assembly of a small number of components, one of which was fabricated in the beneficiary country where the assembly took place.)

This regulation is instructive here inasmuch as the CBERA and GSP programs have similar statutory aims, and the country of origin criteria of the statutes are nearly identical.

In HRL 555195 dated July 13, 1989, U.S.-origin raw aluminum flat coil stock was used in the assembly of mini-blinds. We held that feeding the aluminum flat coil stock through a rotating cold forming die which mechanically alters the flat stock into a crowned conical shape, punching holes and cutting the slat material to size results in a double substantial transformation, thereby enabling the cost or value of the U.S.-origin aluminum flat coil stock to be included in the 35% value-content minimum requirement of the GSP.

In the instant case, consistent with HRL 555195, we find that the final assembly of the two ends with numerous other components to form the damper results in a second substantial transformation. The assembly operation in the instant case is substantial as it involves eyeletting, riveting, and assembling approximately 50 separate components. The operations performed are similar to the crowning, punching and cutting operations performed on the aluminum flat coil stock in HRL 555195. In addition, not only does the processing involve a large number of component parts and assembly operations, but the two end component pieces are actually fabricated in Mexico. Moreover, the assembly processes require a relatively significant period of time as well as skill, attention to detail, and quality control. We believe that the production of the damper clearly results in a significant economic benefit to the BDC from the standpoint of both the value added to each component part and the overall employment generated by the operations. See C.S.D. 85-25.

Based on the foregoing analysis, we find that the aluminum flat stock material which is die cut, stamped and shaped into end rails and then subsequently assembled into a damper has undergone the requisite double substantial transformation. Therefore, the cost or value of the imported aluminum flat stock may be included toward the 35% value-content calculation for purposes of the GSP. However, we find that the pre-cut and pre-punched aluminum shapes and roll formed aluminum shapes and strips which are machine bent to form C-shaped side and bottom rails and cut to length to form blades, do not result in a double substantial transformation of the imported materials. Therefore, the cost or value of the imported roll formed aluminum may not be included in the 35% value-content minimum calculation of the GSP.

With regard to the fourth product, the "LS4" Supply Grille", consistent with our prior rulings, we are of the opinion that the process of feeding aluminum flat coil stock through a rotating cold forming die which shapes the flat stock into a curved (elliptical) shape with a horizontal lip suitable for use as blades in the production of a LS4 Supply Grille results in a substantial transformation of the imported material into a new and different article of commerce. See HRL 555195. However, the blades and other components which are simply cut to length rather than to defined shapes and patterns from roll-formed aluminum strips do not undergo a substantial transformation.

We also find that the assembly of the aluminum curved blades with the other components, creating a supply grille, results in a second substantial transformation of the imported materials. Although the final assembly in the instant case may not be complex enough to constitute a substantial transformation by itself, nevertheless, we are of the opinion that in view of the overall processing operations (i.e., cutting, riveting, assembling and packing) performed in Mexico, including the fabrication of some of the components from aluminum flat coil stock, this is not the minimal "pass-through" operation that should be disqualified from receiving the benefit of GSP. Accordingly, we find that, when the aluminum flat coil stock is die cut and shaped into curved shapes and then assembled into the supply grille, a double substantial transformation of the flat coil stock results. However, the roll-formed aluminum strips and pre-cut roll-formed aluminum cover strips which are attached to the center rail do not undergo a double substantial transformation. Therefore, the cost or value of these materials may not be included in the 35% value-content minimum.

With regard to the 8 x 4 L.M.H. Supply Grille, and consistent with our above analysis, we are of the opinion that the operation of feeding aluminum flat coil stock through a rotating cold forming die to convert it into a curved (elliptical) shape suitable for use as blades for a supply grille, results in a substantial transformation of the imported materials into a new and different article of commerce. See HRL 555195. Likewise, the flat coil stock which you describe as being die cut, stamped, and shaped into components suitable for use as a frame, also results in a substantial transformation of the imported material into a new and different article of commerce.

Although the final assembly of the blades and frame does not appear to be exceedingly complex, in view of the overall processing operations in Mexico, including the fabrication of the blades and frame components from aluminum coil stock and flat stock, we do not believe that this is the minimal, "pass-through" type of operation that should be disqualified from receiving the benefit of duty-free treatment under the GSP. Additionally, it appears from your description of the assembly process, that the final assembly of the L.M.H. Supply Grille involves a significant number of different operations (i.e., cutting, punching, riveting, and assembling), a significant period of time, as well as skill and attention to detail. Also, you maintain that approximately 36.1 percent is added in Mexico to the value of the component materials. See C.S.D. 85-25, 19 Cust. Bull. 544 (1984). In sum, we believe that in applying the standards set forth in C.S.D. 85-25 and consistent with our previous rulings, the final assembly of the component materials into the L.M.H. Supply Grille is sufficient to constitute the requisite second substantial transformation.

HOLDING:

Based on the information provided and the foregoing analysis, it is our opinion that the operations performed on the aluminum material to produce the Series 5000 Aluminum Diffusers and RH Return Grille do not result in the requisite double substantial transformation of the imported materials. Therefore, the cost or value of the imported aluminum may not be included in calculating the GSP 35% value-content requirement for the Series 5000 Aluminum Diffusers and RH Return Grille.

However, we believe that the aluminum flat coil and flat stock which has been die cut, stamped and shaped into components which are used in the assembly of the Opposed Roll-Formed Blade Damper, LS4 Supply Grille, and the L.M.H. Supply Grille, undergo a double substantial transformation, and therefore, the cost or value of these materials may be counted toward satisfying the 35% value-content requirement of the GSP.

Sincerely,

John Durant, Director
Commercial Rulings Division