OT:RR:NC:N1:103
Fay Jin
HC Forklift America Corporation
1338 Hundred Oaks Drive, Suite DD
Charlotte, NC 28217
RE: The country of origin of an electric scissor lift
Dear Ms. Jin:
In your letter dated June 26, 2026, you requested a country of origin ruling.
The merchandise under consideration is identified as an electric scissor lift, model number 120XEN, and is
described as a self-propelled aerial work platform for lifting personnel or materials. Its main components
include a platform, a mobile chassis, and a lifting mechanism with crisscrossed beams. The unit has a
working height of 12 meters and measures approximately 2.48 meters in length, 1.15 meters in width, and
1.92 meters in height.
The subject scissor lift will be produced in Thailand using components sourced from China and Thailand.
The production process begins with preassembling the platform assembly, scissor arm assembly, and chassis
assembly. In Thailand, the structure of the platform assembly will be created from standard stock forms, such
as steel plates and steel tubes. Blanks are cut from steel plates, formed into three-dimensional components
using a press brake, and then machined using a CNC machining center. The steel tubes are cut, bent, drilled,
and machined into guardrails. These semi-finished components are then welded into the platform assembly,
which is then shot blasted and powder coated.
The scissor arm assembly will be assembled using Chinese and Thai components. In China, steel plates are
cut into flat two-dimensional blanks, and steel tubes are cut to length and drilled. After they are machined,
the components will be sent to Thailand. At this stage, these semi-finished components are in their final
shapes, requiring only cleaning, shot blasting, and powder coating before assembly. The components are
welded or fastened to form the scissor arm assembly. While a Thai scissor pole and two Thai repair arms will
be used during this assembly process, the remaining mechanical components such as the lifting cylinder,
drive shafts, angle sensors, and valve assemblies will all be sourced from China.
The frame of the chassis assembly will be produced in Thailand, where steel plates and steel tubes are
transformed into intermediate components and then welded together. Additional components, such as the fuel
tank door, various covers, brackets, mounting plates, levers, and rods are also fabricated from common metal
forms in house. These components are incorporated into the frame along with a control module, travel motor,
electric motor, oil pump, valve assembly, counterweight, a lithium-ion battery, and a charging unit. Workers
also complete the electrical system, which includes installing and connecting wiring harnesses, switches,
controllers, lights, and sensors.
Final assembly involves mounting the scissor arm assembly onto the chassis assembly, routing cables,
installing the tires, connecting the hydraulic hoses, mounting the platform assembly to the scissor arm
assembly, installing additional wiring, and making electrical connections. The scissor lift is then inspected
and tested, a multi-step process that involves adjusting and calibrating sensors, lubricating tracks and pads,
testing the battery and charger, adjusting the hydraulic pressure, and calibrating the lifting and lowering
speed.
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).
CBP has held that whether an assembly process is sufficiently complex to rise to the level of a substantial
transformation is determined upon consideration of all of the operations that occur within that country,
including any subassembly processes that take place in that country. Based on the information in your
submission, the final assembly that occurs in Thailand centers around the platform assembly, scissor arm
assembly, and chassis assembly, which, in our view, impart the scissor lift with its essential character. The
structural frames of the platform assembly and chassis assembly are fabricated in Thailand before
preassembly. The scissor arm assembly is assembled using semi-finished components, finished components,
and mechanical components that are primarily sourced from China. While the scissor arm assembly is of
Chinese origin, the remaining two major assemblies (i.e., platform and chassis assemblies) are produced in
Thailand. Therefore, the country of origin of the electric scissor lift, model number 120XEN, will be
Thailand.
Please note 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 (ITA) and are
separate from tariff classification and origin rulings issued by Customs and Border Protection. General
information regarding the ITA and AD/CVD can be found at
https://www.trade.gov/us-antidumping-and-countervailing-duties. The ITA’s “Guide on How to File for an
Antidumping/Countervailing Duty Scope Ruling Request” is available at
https://enforcement.trade.gov/scope/Request-Scope-Ruling.pdf.
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 P. Forkan
Director
National Commodity Specialist Division