CLA-2:OT:RR:NC:N1:121
Clifford Chi
Hampton Products International Corporation
50 Icon
Foothill Ranch, CA 92610
RE: The country of origin of a metal Interior Non-Locking Door Latch Set
Dear Mr. Chi:
In your letter dated December 18, 2020 you requested a country of origin ruling.
The article under consideration is described as an Interior Non-Locking Passage or Closet Door Latch Set, Item # 2114-109. The item consists of a latch assembly, a strike plate, and an inside and outside handle assembly and is sold together in one package as the Interior Non-Locking Door Latch Set. The inside and outside handle assembly, the strike plate and the latch assembly are each separate pieces and not attached to each other within the packaging.
You state in your request that the finished Interior Non-Locking Passage or Closet Door Latch Set is classified in subheading 8302.41.6045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Base metal mountings, fittings and similar articles… Other mountings, fittings and similar articles, and parts thereof: Suitable for buildings: Other: Of iron or steel, of aluminum or of zinc… Suitable for interior and exterior doors (except garage, overhead or sliding doors): Other.
You have proposed two different manufacturing scenarios. The first manufacturing plan includes sourcing the couplers, roses, screw posts, a spindle, a spring cage assembly and a latch assembly in China. Those parts would be shipped to a country that is to be determined (TBD) where they would be assembled together with the door handles and the strike plate of that countries’ origin to create the finished Interior Non-Locking Passage or Closet Door Latch Set. The inside and outside handle assembly, the latch assembly, the strike plate and the screws will be packaged in the TBD country.
The second scenario mirrors the first except that rather than the entire latch assembly originating in China, only select parts of it originate in China. The latch assembly consists of a face plate, a side plate, and a cam assembly. In the second scenario, only the cam and cam assembly originates in China. The side plate and the face plate will originate in the TBD country and the latch will be assembled in the TBD country.
With regard to your request for the appropriate country of origin of the Interior Non-Locking Passage or Closet Door Latch Set, 19 C.F.R. § 134.1(b) provides in pertinent part as follows: Country of origin means 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. As stated in HQ 735009 dated July 30, 1993, “The country of origin is the country where the article last underwent a “substantial transformation”, that is, processing which results in a change in the article's name, character, or use”. In addition, the court has held that “A substantial transformation occurs when an article emerges from a manufacturing process with a name, character, and use that differs from the original material subjected to the processing.” However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, all factors such as the components used to create the product and the manufacturing processes that these components undergo are considered in order to determine whether a product with a new name, character and use has been produced. No one factor is decisive. Assembly operations that are minimal will generally not result in a substantial transformation.
In both scenarios, the inside and outside door handle assemblies are manufactured using couplers, roses, screw posts, a spindle, and a spring cage assembly from China that are shipped to a TBD country where they would be assembled together with the door handles and the strike plate of TBD country of origin to create the finished door handle assemblies. It is the opinion of this office that these parts from China are subcomponents which are intended to be joined with other components to make the finished article. The finished door handle assembly is a distinct article with a name, character and a use that is different from its individual components. Therefore, the country of origin of the door handle assembly is the TBD country.
The difference between the two scenarios involves the manufacture of the latch assembly. In the first scenario the entire latch assembly is country of origin China. In the second scenario, only the cam and cam assembly are made in China – the rest of the parts are manufactured and assembled in the TBD country. It is the opinion of this office that in this second scenario, when the Chinese cam and cam assembly are assembled together in the TBD country with the face plate and side plate of the TBD country of origin, the Chinese components undergo a substantial transformation and become a distinct article with a name, character and a use that is different from its individual components. Therefore, the country of origin of the latch in the second scenario becomes the TBD country.
When considering the Interior Non-Locking Passage or Closet Door Latch Set as a whole, it is this office’s opinion that the primary function of the Latch Set is to grasp, open and close the door, a function that is provided by the handle component. The strike plate and door handles which originate in the TBD country and the door handle assemblies that are assembled in that same country would provide the essential operation element for the door latch set to work. In view of these facts, the country of origin for Interior Non-Locking Passage or Closet Door Latch Set would be the TBD country.
Although marking is not a specific issue with this request, this office finds it prudent to note that because the inside and outside handle assembly, the strike plate and the latch assembly are each separate pieces and not attached to each other within the packaging, they must be individually marked. In scenario one, the country of origin for the inside and outside handle assembly and the strike plate is the TBD country and the country of origin of the latch is China. In scenario two, all components are country of origin of the TBD country.
This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division