OT:RR:NC:N1:105
Amanda Levitt
Sandler, Travis & Rosenberg, P.A.
286 Madison Avenue - Suite 1200
New York, NY 10017
RE: The country of origin of a water filter cap
Dear Ms. Levitt:
In your letter dated October 28, 2025, on behalf of your client, Hydrapak LLC, you requested a country of
origin ruling on a water filter cap.
The item under consideration is described as a water filter cap, which is a device that allows for on-the-go
water filtration in water bottles. It is designed to remove common waterborne bacteria such as E. coli and
parasitic cysts, and microplastics greater than or equal to 3 microns in size. The water filter cap is compatible
with running flasks and reusable bottles sold by Hydrapak. To operate, the user screws the lid onto the water
bottle and drinks the water that is filtered through the cap. The filtering works by the process of exclusion,
which physically strains out contaminants using a blockade with pores (a hollow fiber membrane (HFM))
that are too tiny for particles to pass through, but large enough for water molecules to move through. The
filter does not require electricity to function.
The hollow fiber module (also referred to as “filter membrane” or “hollow fiber bundle”) is made in South
Korea. The remaining plastic and silicone components are manufactured in China. The process starts in South
Korea with the manufacturing and assembly of the hollow fiber bundles. Creation of a hollow fiber bundle is
comprised of 10 steps resulting in structural changes in the urethane, which is the key material in the hollow
fiber filter module/filter membrane. Approximately 600-700 individual strands of hollow fiber membrane are
grouped together to make the bundle.
To create this filter membrane in South Korea the process starts with the solution preparation (the process of
making the dope and core solution), followed by the spinning and coagulant bath (the process of making
hollow fiber membrane). Next, the bundling process makes the designed number and length of filaments
before being washed, which is the process of extracting the remaining solvent. After the drying process and
moduling process (making the U shape), the membranes are cut evenly, and the ends are sealed. Next, the
potting process commences, which is the process of fixing the urethane after the hollow fiber membrane is
put into the cage. Finally, the membrane is aged, the worker cuts the end of the sealed filter, and the final
inspection is performed.
There are several required machines used during the process starting with spinning equipment, which is used
to produce individual hollow fiber strands. This includes the dope and core solution make-up and supply
tank, dope and core solution feeding system, hollow fiber spinning nozzle, coagulation bath, washing bath,
and winding machine. Next, is the hank winder which is a hollow fiber bundling winder. Finally, the potting
machine and polyurethane dispenser inserts the hollow fiber into cages and bonds the bundle to the cage.
This includes the polyurethane dispenser and the centrifugal type of potting machine. The hollow fiber
module, now bonded to the Chinese plastic cage, is then inspected and shipped to China. Next, the Chinese
and South Korea sourced components are assembled together in China to produce the complete water filter
caps. In particular, the assembly process in China consists of producing the plastic cap, and plugging the
filter in its cage into the cap.
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 the 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).
Regarding the origin of the water filter cap, the assembly process in China predominantly involves creating
the plastic components and screwing, gluing, and pressing various components into place. The combining of
these parts in China does not create a new and different article of commerce with a name, character, and use
distinct from the individual components. Therefore, to determine the country of origin of the water filter cap,
we rely on the origin of the hollow fiber membrane, which provides the essential function of the filter. It is
the hollow fiber membrane from South Korea which requires considerable technical experience and
customized equipment to produce. It is also the most expensive portion of the filter, and it is the item
performing the filtering of the water. Accordingly, the country of origin of the water filter cap will be South
Korea, which is where the hollow fiber membrane is manufactured.
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 Jason Christie at [email protected].
Sincerely,
(for)
Deborah Marinucci
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division