OT:RR:NC:N4:415
M. Jason Cunningham
Sonnenberg & Cunningham, PA
780 Fifth Avenue South, Suite 200
Naples, FL 34102
RE: The country of origin of scissors from Vietnam.
Dear Mr. Cunningham:
In your letter dated April 9, 2025, you requested a country of origin ruling on behalf of your client, Great Star
Industrial USA, LLC.
Images were provided in lieu of samples.
The products under consideration are three different types of scissors, and are described in your submission
as heavy duty, non-slip soft-grip, and standard. They are all made with stainless steel cutting blades, a
tension screw, and a plastic comfort grip.
Heavy Duty Scissors Production:
The subject heavy-duty scissors are made in Vietnam, then finished in China. In Vietnam, raw stainless steel
is stamped to make two different blade blanks for the scissors. At this point, they exhibit their final form,
shape, and size, except that the holes have not been punched.
In China, the Vietnamese blanks are punched with a finger hole into one of the blanks and with round
assembly holes for the tension screw and for attachment of the comfort grip into both blanks. They are then
heat treated, sharpened, then attached to plastic injection molded handles before export to the United States.
Non-slip Soft-Grip Scissors Production:
The subject non-slip, soft-grip scissors are made in Vietnam, then finished in China. In Vietnam, raw
stainless steel is stamped to make the two different blade blanks for the scissors. At this point, they exhibit
their final form, shape, and size, except that the hole for the tension screw has not been punched.
In China, the Vietnamese blanks are punched to create the tension screw hole and then heat treated,
sharpened, and pushed into the plastic injection molded comfort handles before export to the United States.
Standard Scissors Production:
The subject stainless-steel scissors are made in Vietnam, then finished in China. In Vietnam, raw stainless
steel is stamped to make the two different blade blanks for the scissors. At this point, they exhibit their final
form, shape, and size, except that the holes for the tension screw and finger holes have not been punched.
In China, the Vietnamese blanks are forged to provide the holes for the tension screw and fingers then heat
treated, polished, sharpened, and one of the two finger holes receives a black, plastic comfort handle covering
before export to the United States.
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).
In order to determine whether a substantial transformation occurs when components are assembled into
completed products, all factors such as the components used to create the product and manufacturing
processes that these components undergo are considered in order to determine whether a product with a new
name, character, and use has been produced. No one factor is decisive, and assembly/manufacturing
operations that are minimal will generally not result in a substantial transformation.
This office reviewed the submitted production process of these three types of scissors. We hold the opinion
that the blade blanks hold the essential identity of the finished scissors and the further processing in China
would not substantially transform them. As such, we hold the opinion that the country of origin for these
scissors 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 CBP 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, contact
National Import Specialist Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division