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 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 trade remedies, on one style of hanging file folder. Photos and a detailed description
of the manufacturing operations were provided for our review.
SKU 810994 is a standard hanging file folder consisting of a paper folder with metal rods inserted through
the top with hooks on the ends designed to hang in a file cabinet drawer. The folders feature removeable
clear plastic tabs with paper inserts for labeling the files.
Per your submission, the paper is made in Thailand, where it is die-cut to shape. In Thailand, the full
assembly of the paper folder with the metal hook (China-origin) and plastic tab with insert paper
(Thai-origin) takes place.
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 the folders (SKU 810994), the country of origin will be Thailand. A substantial transformation took
place in Thailand where the paper and metal fasteners are all transformed into a hanging file folder.
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