OT:RR:NC:N1:103
Kensie Sugama
Trade Pacific PLLC
700 Pennsylvania Ave. SE, Suite 500
Washington, DC 20003
RE: The country of origin of a telehandler
Dear Ms. Sugama:
In your letter dated August 6, 2025, you requested a country of origin ruling on behalf of your client,
Putzmeister Makine San. Ve Tic. A.S.
The merchandise under consideration is identified as a telehandler, model number STH1056A, which is a
self-propelled lifting and handling machine with a long telescoping boom. The boom can be equipped with a
variety of attachments, allowing the telehandler to lift, carry, and position heavy materials. This model has a
maximum lifting height of 17 meters, a maximum forward reach of 13 meters, and weighs 15,100 kilograms.
It is diesel-powered and has a maximum speed of 20 miles per hour.
The subject telehandler is manufactured in Turkey using subassemblies and parts sourced from China,
Germany, Hungary, India, Italy, Japan, Mexico, South Korea, Turkey, and the United Kingdom. The foreign
subassemblies include a German engine, a Hungarian transmission, a Chinese fuel tank, a Japanese hydraulic
drive system, and Italian axle assemblies (front and rear). These components are sent to Turkey for final
assembly.
The main subassemblies are identified as the frame assembly, boom assembly, and the cab assembly. The
frame assembly and boom assembly are manufactured in Turkey from metal sheets, metal angles, steel plates,
round steel bars, rectangular tubing, and other steel tubing. These metal forms are then manufactured into
elements such as mounting plates, reinforcement plates, brackets, supports, connecting blocks, and more. The
elements are next combined and welded into larger subassemblies that are subsequently assembled to form
the frame assembly or boom assembly. The cab assembly is sourced from China as a finished subassembly.
Final assembly begins with installing the axle assemblies to the frame assembly and mounting the wheels and
tires. Next, workers install and connect various valve assemblies that will operate the telescoping sections of
the boom, steering systems, and outriggers. At the next station, the outriggers are added, various electrical
wiring harnesses are connected, the hydraulic tank is installed, and the counterweight is bolted in place.
Afterwards, workers pre-assemble the engine and transmission before mounting it in the frame, then install
its accompanying drive fuel system, electrical system, radiator, and intake and exhaust systems.
At this point, the frame is ready for the cab assembly and boom assembly, which are mounted to the frame
then connected to their corresponding hydraulic and electrical systems. Lastly, the telehandler is tested,
painted, and inspected.
When determining the country of origin for purposes of applying current trade remedies under 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).
Based upon your description of the manufacturing operations, the nature of the processing performed in
Turkey is not simple. In addition to the final assembly occurring in Turkey, two of the major structural
subassemblies (i.e., the frame assembly and the boom assembly) are manufactured from common metal
forms (e.g., metal sheets, plates, and tubing) and transformed into integral subassemblies in Turkey. The
combined operations result in the individual parts losing their separate identities to become a new article.
Thus, based on the totality of the circumstances, the country of origin of the telehandler, model number
STH1056A, will be Turkey.
The merchandise in question may be subject to antidumping duties and countervailing duties (AD/CVD).
Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance
office in the International Trade Administration of the Department of Commerce and are separate from tariff
classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at
https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current
AD/CVD cases at the United States International Trade Commission website at
https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and
liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb.
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 Paul Huang at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division