OT:RR:NC:N1:102
Peiting Liang
Taizhou Kloe Dafeng Plumbing Co., LTD.
No.1, Shitai Road
Yuhuan Economic Development Zone
Taizhou, Yuhuan, Zhejiang 317608 China
RE: The country of origin of an angle valve
Dear Ms. Liang:
In your letter dated March 8, 2024, you requested a country of origin ruling on an angle valve. Descriptive information was provided with the submission.
The merchandise at issue is an angle valve, model number KLOE9012. The angle valve is described as a 1/4 turn valve with compression. The valve body is threaded to be used as a connection between household water devices, plumbing equipment, and plumbing supplies.
In your letter, you explain the valve body of the angle valve is forged, cut, and machined in Thailand from a brass rod. Afterwards, the valve body is subject to a chrome plating process in China and then returned to Thailand for final assembly.
The final assembly of the valve occurs in Thailand using a Thai valve body, a Thai bonnet, and components that are manufactured in China: a brass stem, two brass rings, a brass ball, two sealing washers, a plastic handle, and a stainless steel screw. The Thai bonnet, and Chinese ring, ball, and sealing washers are inserted into the valve body using a machine. Afterwards, the handle is manually situated on top of the valve body and a brass ring and Thai brass nut are screwed onto the bonnet. The second brass ring and Thai brass nut are screwed onto the valve body. The finished valve is then packaged. It is mentioned that testing and inspections are completed as required during the assembly.
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).
When determining the country of origin of valves, CBP has historically relied on the origin of the valve body, the essence of a valve, as the process of assembling a valve is rather simple. Components are typically assembled into the valve body using processes such as inserting, press-fitting, screwing components to each other, etc. See New York ruling N325765, dated May 26, 2022. The same origin rationale is applicable here, as the assembly processes of the subject valve primarily consist of inserting and screwing components to each other, the processes do not constitute a substantial transformation. Therefore, we rely on the origin of the valve body to determine the origin of the valve, as the valve body provides the essence of the valve and is dedicated for use with a valve. As the origin of the valve body is Thailand, the country of origin of the angle valve, model number KLOE9012, is Thailand for origin and marking purposes.
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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division