CLA-2-48:OT:RR:NC:N4:434

Mireya Ruano
Veyer LLC.
6600 Military Trail
Boca Raton, FL 33496

RE: The country of origin of file folders

Dear Ms. Ruano:

This is in response to your letter dated March 28, 2025, requesting a country of origin determination, for purposes of Section 301, on three styles of paper folders. Photos and a detailed description of the manufacturing operations were provided for our review.

SKU 543496 is a tabbed, paper fastener folder. Per your submission, the paper and ink are made in Thailand. The paper is colored and die-cut to shape in Thailand. The assembly also takes place in Thailand, where the metal fastener (China origin) and tab reinforcement (Thai origin) are added, and the folders are packaged.

SKU 544387 is a tabbed, paper fastener folder with two tabbed divider pages. The paper used to form the dividers is made in Thailand. The paper used to form the cover is made in China, as well as the metal fasteners. In Thailand, the paper is die cut to form the cover and dividers, and the folder is assembled, including securing of the divider pages and metal fasteners.

SKU 810838 is a tabbed paper manila folder. Per your submission, the paper is made in Thailand, where it is colored, die-cut to chape, folded and packaged.

When determining the country of origin for purposes of applying current tariffs, including 301 trade remedies, 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).

For all three styles of folders, the country of origin will be Thailand. A substantial transformation takes place in Thailand, where the bulk of the raw materials, including the majority of the paper, are made. The major manufacturing steps take place in Thailand, where the paper is die-cut into the folders and additional components are added.?

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 Charlene S. Miller at [email protected].
Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division