OT:RR:NC:N4:410
Gen Julian Thompson
SuperMoon LLC
30 N Gould Street, STE R
Sheridan, WY 82801-6317
RE: The country of origin of Himalayan salt touch lamps
Dear Mr. Thompson:
In your letter dated May 16, 2025, you requested a country of origin determination ruling on the Himalayan
salt touch lamps for the purposes of marking and applying current trade remedies.
The merchandise at issue is identified as the Himalayan Salt Touch Lamps (the “salt lamps”). Your
submission indicates that each salt lamp comprises a lamp base and a lamp shade. They are designed for
ambient lighting and decorative purposes.
The lamp bases are round or rectangular in shape and made of base metal featuring dual USB ports (USB-A
and USB-C) on the side and a lamp holder atop for a halogen light bulb. The lamp bases have a capacitive
touch-sensitive dimmer switch to control the light (turn the light on and off, dim the light, select the lighting
mode of flashing, steady-on, etc.).
In pyramid-like shape, the lamp shades each are made from a Himalayan salt rock hollowed in the middle to
be placed over the lamp base.
The complete lamp bases, which includes the touch dimmer module, dual USB ports (USB-A and USB-C),
halogen bulb socket, wiring, and metal housing, are manufactured in China and shipped to Pakistan.
It is stated that the raw Himalayan salt rocks are mined, shaped, and hand-finished into cylindrical and
pyramid forms in Pakistan to fabricate the lamp shades. These salt lamp shades are then mechanically
mounted onto the Chinese-origin lamp bases. Final quality testing and retail packaging will be performed
before the finished Himalayan salt lamps are shipped from Pakistan to the United States.
When determining the country of origin for purposes of applying current trade (Section 301) and additional
duties, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter 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).
Additionally, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless
excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a
manner as to indicate to the ultimate purchaser in the United States, the English name of the country of origin
of the article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be
able to know by an inspection of the marking on the imported goods the country of which the goods is the
product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may,
by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should
influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the
country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP
Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, or
growth of any article of foreign origin entering the United States. Further work or material added to an article
in another country must effect a substantial transformation in order to render such other country the “country
of origin” within the meaning of the marking laws and regulations.
We find that the Chinese-origin lamp bases are functioning lighting fixtures only without the lamp shades,
which have a pre-determined end-use when imported into Pakistan. The operations in Pakistan, i.e., the
making of and attaching the Himalayan salt lamp shades to the imported lighting fixtures, quality testing, and
retail packaging, do not undergo a change in use. A substantial transformation does not occur as a result of the
assembly operations in Pakistan. Therefore, it is of our view that the country of origin of the Himalayan salt
lamps is China for the purposes of country of origin marking and applying current trade remedies.
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 C.F.R. 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 Michael Chen at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division