CLA-2-75:OT:RR:NC:N5:117
Lisa Murrin
Expeditors Tradewin LLC
795 Jubilee Drive
Peabody, MA 01960
RE: The country of origin of nickel-titanium wire
Dear Ms. Murrin:
In your letter dated April 23, 2026, you requested a country of origin ruling on behalf of your client,
Confluent Medical Technologies.
The products under consideration are identified as nickel-titanium (NiTi) wire and nickel-titanium (NiTi)
strip (flat wire), which are made to ASTM F2063. You indicate these products are used in medical devices
and surgical implants.
The applicable subheading for the nickel-titanium wire and strip (flat wire) will be 7505.22.1000,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nickel bars, rods, profiles
and wire: Wire: Of nickel alloys: Cold-formed. The general rate of duty will be 3 percent ad valorem.
According to your submission, the nickel-titanium alloy is melted and poured in the United States (U.S.) and
formed into an ingot. The ingot undergoes hot-forging operations until it forms a billet. The billet is
hot-rolled into a 0.25-inch diameter wire rod. Next, the nickel-titanium alloy is cold-drawn into 0.118-inch
diameter wire. The wire is exported to India where it undergoes further cold drawing into diameters ranging
from 0.040 inch to 0.001 inch. Lastly, the wire is spooled and exported back to the U.S.
The nickel-titanium strip (flat wire) undergoes the same manufacturing process as the wire described above.
The 0.118-inch wire is shipped to India where it is cold-drawn to a diameter of 0.038 inch. Next, the wire is
shipped back to the U.S. where it is rolled into flat wire measuring 0.0145-inch thickness x 0.059-inch width.
The strip (flat wire) is exported to India where is it straight annealed, cut and exported back to the U.S.
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).
Based on the facts presented, the additional drawing of wire does not substantially transform the wire that
originated in the U.S. The court in Superior Wire v. United States, 669 F. Supp. 472 (CIT 1987), aff'd, 867
F.2d 1409 (Fed. Cir. 1989), held that the drawing of wire rod into wire did not constitute a substantial
transformation, as there was no significant change in the use or character of the wire, and only a relatively
insignificant change in name. The wire rod and the first stage of cold drawing of wire is produced in the U.S.
Moreover, we find that the additional operations performed in India such as further drawing, annealing,
and/or cutting are not complex enough to constitute a substantial transformation. Therefore, the country of
origin of nickel-titanium wire and strip (flat wire) is the United States.
If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking
requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase “Made in the USA” or
similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC).
We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W.,
Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S.
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 Denise Hopkins at [email protected].
Sincerely,
(for)
James P. Forkan
Director
National Commodity Specialist Division