OT:RR:NC:N2:206
Steven Zisser
Zisser Customs Law Group
9355 Airway Road, Suite 1 San Diego, CA 92154
RE: The country of origin of an aluminum radiator
Dear Mr. Zisser:
In your letter dated February 12, 2024, you requested a country of origin ruling on an aluminum radiator for purposes of applying trade remedies under Section 301 of the Trade Act of 1974, as amended, from China, which you filed on behalf of your client, Cryomax. Pictures, videos, and other descriptive literature were provided with your request.
The article under consideration is an Aluminum Radiator, which is used in automotive applications. The main purpose of the radiator is to keep an engine at an optimal operating temperature, which it achieves by absorbing excess heat generated by the engine and lowering the coolant temperature with the air passing through the vehicle’s front grille.
You state that the radiator consists of two main components, the aluminum core and up/bottom tanks. The aluminum core is the main section of a radiator. It features metal cooling fins that help vent air. This is where hot coolant that has flowed through the engine releases its heat and where the radiator cools it for its next trip around the heat-exchange circuit. The up/bottom tanks, also known as the inlet and outlet tanks, are where the coolant flows in and out of the radiator. They are located in the radiator head. Hot liquid flows from the engine through the inlet tank, and once it is cooled, goes out through the outlet tank and back into the engine.
According to the bill of materials, the aluminum alloy foil, up/bottom tanks, and other components to make up the radiator are made in China and imported to Mexico for further processing.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) 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.
The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part."
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, 69 C.C.P.A. 151 (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 the instant case, the Chinese raw aluminum roll is folded, rolled, and cut to length to form the welded flat tubes and formed, compressed, and cut to length to create the fins in the special welding tube machine. The radiator core is created by assembling the welded flat tubes and cooling fins in alternating layers. Once the desired length of the core is achieved, the header plates are joined tightly to be ready for effective brazing, so that all joints and spaces are tightened together and sealed to prevent any fluid leak. Subsequently, the plastic water tanks, gaskets, washers, inlet and outlet pipes, and other components are assembled to the radiator core into the complete radiator and put through a machine for a crimping process and leak test.
As we have already established, the main components of the radiator are the aluminum core and the up/bottom tanks. Although the processes in Mexico may appear to not be overly complex, the raw aluminum from China is nonetheless substantially transformed into identifiable components of a radiator in Mexico. As a result, we have a Mexican radiator core and Chinese up/bottom tanks. Since the final assembly of all components into a complete aluminum radiator occurs in Mexico, it is the opinion of this office that the country of origin of the aluminum radiator will be Mexico for purposes of applying trade remedies under Section 301 of the Trade Act of 1974, as amended, from 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 Liana Alvarez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division