OT:RR:NC:N4:415
Nate Bolin
K&L Gates, LLP
1601 K Street Northwest
Washington, DC 20006
RE: The country of origin of an air fryer from Vietnam.
Dear Mr. Bolin:
In your letter dated March 12, 2025, you requested a country of origin ruling on an 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 I,” model number MF-CY55MS1. This
air fryer is a domestic electric countertop device 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 (i.e., the
bottom cover, motor cover, power box, heat insulation block, internal base plate bracket, injection
molded upper housing, lower housing injection molded part, ring rail, injection molded front bucket
cover, air outlet window, control panel bracket, right and left windshield brackets) by an injection
molding process. The plastic raw materials are sourced from Vietnam, Thailand, Cambodia, and
China.
Phase Two involves the production of the metal parts, including internal base plate, sheet metal upper
housing and lower housing, edge trim (or surrounding wall), reflecting cover and the sheet metal front
bucket cover from steel coiled materials. The fabrication will be completed in Vietnam from steel
sourced from either Vietnam or China.
Phase Three involves the production of the heating tube or heating element, which 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 in Vietnam from
various raw materials.
In the final stage, also performed in Vietnam, the Vietnamese-origin body and the other plastic and metal
parts will be placed with the remaining components originating from Vietnam and China on the main
assembly line to produce the finished MVN Air Fryer I. 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 undergo processing that is 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 I,? model number MF-CY55MS1, will 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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division