OT:RR:NC:N4:422  
O-ring  Face Plate  Massage Spray Cap  Rotation Spacer  Front Shell  Hose Assembly  Bracket Assembly  Component of German Origin  Check Valve  Component of the United Kingdom Origin  Flow Controller  All the assembly and manufacturing processes, including inspection and packaging, are performed in  Thailand: Spray Faceplate Assembly, Waterway Elbow Assembly, Shower Body Assembly Integration,  Functional Testing, and Final Integration.  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).  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.  A substantial transformation occurs when, as a result of manufacturing process, a new and different article  emerges, having a distinct name, character or use, which is different from that originally possessed by the  article or material before being subjected to the manufacturing process. See United States v.  Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940).  This office reviewed the provided assembly process information, and is of the opinion that the Chinese, the  German, and the United Kingdom components undergo processing in Thailand which results in a substantial  transformation, such that these components lose their individual identities and become an integral part of a  new article, possessing a new name, character, and use. Accordingly, from the details submitted, we agree  that the country of origin for the handheld showerhead would be Thailand. 
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless  excepted, every article of foreign origin (or its container) imported into the U.S. 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 U.S. the English name of the country  of origin of the article.  As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is  considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it  without strain.  With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)),  provides that as a general rule marking requirements are best met by marking worked into the article at the  time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk,  molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides  that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate  purchaser unless deliberately removed is acceptable.  As the article is not currently marked, it does not satisfy the marking requirements described above. When  you have a sample that is marked in accordance with the requirements described above, you may request a  country of marking binding ruling. If you decide to resubmit your request, please include photos of the  marked sample.  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 Dana L. Giammanco at [email protected].  
Sincerely,
  (for)  Denise Faingar  Designated Official Performing the Duties of the Division Director  National Commodity Specialist Division