MAR-2-05 CO:R:C:V NL

Mr. Kyu Byun, Purchasing Manager
Western American Manufacturing, Inc.
6725 Customhouse Plaza Drive, Suites I & J
San Diego, CA 10048

RE: Country of Origin Marking - Steel Pipe Cut to Length; Threading; VRA Export Certification. NY 860425

Dear Mr. Byun:

This is in response to your letter of January 25, 1991, to the Area Director of Customs, New York Seaport, which has been forwarded to this office for disposition.

FACTS:

Western Manufacturing plans to import 21' lengths of steel pipe from Korea to the U.S., from where it will be sent to Mexico for processing. The Mexican operations will consist of cutting the pipe into lengths ranging from 12" to 120", and threading both ends. The cut sections would then be imported into the U.S. for use as nipples.

The question posed is whether the processing in Mexico effects a change in the country of origin of the material, which otherwise would be marked as originating from Korea and would enter the U.S. after processing in Mexico under export certificates issued by the Korean government.

The National Import Specialist, New York Seaport, has prepared a memorandum (file 860425, March 13, 1991) addressing these points which has been transmitted with your letter. In brief, the NIS finds that the processing in Mexico does not effect a substantial transformation. The cut lengths are thus to be marked as products of Korea, and may enter the U.S. after processing in Mexico under Korean export certification. This office is in complete agreement with the findings of the NIS.

ISSUE:

What is the country of origin of the cut and threaded pipe as imported into the U.S.?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(d) provides that an article is considered to originate in the country in which it was manufactured, produced, or grown. Further work or material added to an article in a second country must effect a substantial transformation in order to render such other country the country of origin. A substantial transformation is said to occur if after manufacture or processing an article emerges having a new name, character, or use. See 19 CFR 134.35.

In this case it is our opinion that the processing in Mexico does not change the Korean-origin pipe into an article of Mexican origin. First, as noted in the memorandum of the NIS, Customs has taken the position that the threading of steel pipe will not be deemed to change its country of origin. See T.D. 87- 46. Second, cutting the pipe to lengths of between 12" and 120" does not change the name, character, or use of the pipe. In this regard we note that Customs has previously taken the position that lengths of pipe cut to 12" or more are considered pipe for classification purposes. See T.D. 67-249(12). Accordingly, the cutting to lengths of more than 12" each and threading of the pieces in this instance is not regarded as effecting a change in the Korean origin of the material.

HOLDING:

Cutting steel pipe to lengths of between 12" and 120" and threading the pieces is not considered to effect a substantial transformation of the steel pipe. The cut and threaded pieces shall be marked as Korean-origin, and may enter the U.S. under Korean export certification.

Sincerely,

John Durant
Director, Commercial
Rulings Division

cc: Assistant Area Director
Commercial Operations
New York Seaport