OT:RR:NC:N4:462
Nate Bolin
K&L Gates LLP
1601 K Street, N.W.
Washington, DC 20006
RE: The country of origin of air fryer
Dear Mr. Bolin:
In your letter dated March 2, 2025, you requested a country of origin ruling on air fryer on behalf of your
client, Midea Consumer Electric (Vietnam) Co., Ltd (“MVN”).
The product under consideration is described as the “MVN Air Fryer VII,” model number AF1 SS (Vortex
ClearCook OdorEase). This air fryer is a domestic electric countertopdevice that cooks food by circulating
hot air around the ingredients using fan blades.
The air fryer is manufactured in Vietnam through a three-stage process.
The first stage involves three phases:
Phase One involves the production of the structural body and other plastic components (e.g., the large
upper body, power box, lower body, heat insulation block, left and right sealing strips, motor cover,
guide rail, power board cover, ventilation window mesh, handle cover, micro-motion cover plate,
micro-motion bracket, spring sleeve, lower heating insulation ring, bottom cover clamp plate, air
outlet connector, bucket front cover, lens hood, fret ejector, oven lamp holder, frying bucket handle
base, upper body frame and door insulation cover) by an injection molding process. The plastic raw
materials are sourced from Vietnam, Thailand, Cambodia, and China.
Phase Two is the production of the metal parts, including the internal base plate, blades, surrounding
wall, reflecting cover, frying bucket, and baking tray from steel coiled materials. The fabrication will
be completed in Vietnam from steel sourced in either Vietnam or China.
Phase Three, the heating pipe or heating element is manufactured by a third-party supplier of MVN in
Vietnam from various raw materials.
In the next stage, the display and power boards are manufactured by a third-party supplier of in Vietnam from
various raw materials.
In the final stage, also performed in Vietnam, the Vietnamese-origin body and other plastic and metal
components with the remaining components originating from Vietnam and China on the main assembly line
to produce subassemblies (e.g., the bucket and base subassemblies) followed by final assembly of the
finished MVN Air Fryer VII. It will then be tested, inspected, and packaged.
When determining the country of origin, the substantial transformation analysis is applicable. See, e.g.,
Headquarters Ruling Letter (?HQ?) H301619, dated November 6, 2018. 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, 681 F.2d 778 (C.C.P.A. 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).
This office reviewed the provided assembly process flow charts and is of the opinion that the Chinese
components underwent processes, which are sufficiently complex and meaningful as to result in a substantial
transformation, such that the non-originating components lose their individual identities and become an
integral part of a new article, possessing a new name, character, and use. In addition, essential parts are
manufactured in Vietnam. Thus, from the details submitted, we agree that the country of origin for the ?MVN
Air Fryer VII,? model number AF1 SS (Vortex ClearCook OdorEase) would be Vietnam.
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 CFR 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 Sary at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division