CLA-2 CO:R:C:G: 083313 VEA

TARIFF No.:

Mr. Kenneth E. Natale, Esq.
Duncan, Allen and Talmage
1575 Eye Street, N.W.
Washington, D.C. 20005-1175

RE: Substantial Transformation of coil rolled steel

Dear Mr. Natale:

This letter is in response to your inquiry dated January 6, 1989, on behalf of your client, Kern-Liebers USA Inc. (Kern), requesting a country of origin ruling of retractor springs for seat belts imported from Mexico.

FACTS:

Your submission indicates that the merchandise at issue consists of retractor springs for seat belts processed from coils of rolled steel in Mexico. Kern imports large coils of rolled steel under bond from West Germany to its Mexican affiliate.

The coils of rolled steel undergo the following processing in Mexico:

(1) The coil is split into strips.

(2) The strips are processed into springs by cutting them to length and coiling.

(3) The spring coils are heated to 230 degrees centigrade for 30 minutes.

(4) Each spring is then assembled into a plastic spring housing, connected to a spring cup and lubricated.

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Kern's Mexican affiliate delivers the finished spring assemblies to unrelated Mexican companies, who incorporate them into a completed automotive seat belt retractor assembly and then ships them to the U.S.

Kern argues that the processing in Mexico substantially transforms the steel coil into a new and different product for tariff purposes, so that Mexico becomes the country of origin.

ISSUE:

Whether the processing operations performed on the steel coil in Mexico substantially transform it so that it becomes a product of Mexico.

LAW AND ANALYSIS:

For tariff purposes, the courts have held that a substantial transformation occurs if a new and different article emerges having a distinctive name, character or use. Anheuser-Busch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).

Anheuser-Busch involved an action for drawback on corks imported from Spain into the United States. The corks underwent a cleansing and coating process in the U.S. The court held that this process did not substantially transform the merchandise into a different article and noted that "a cork put through the claimant's process was still a cork." The court in Uniroyal also followed the rationale of the Anheuser- Busch decision and looked to both the processing that the article undergoes and the nature of the change in the article after processing. In that case which dealt with foot wear uppers, the attachment of an outer sole to the upper was held not to substantially transform the upper since it was a minor manufacturing or combining process which left the identity of the upper intact.

Applying the test set out in Anheuser-Busch and Uniroyal, Customs has addressed the issue of substantial transformation in cases involving steel coil. In a ruling letter dated November 21, 1985 (File # 553739 KP), Customs ruled that processing operations performed on imported coils substantially transformed the coil so that it became a product of Panama. The processing conducted on the coil included: (1) uncoiling, flattening, and slitting the strip; (2) forming the strip into tubes; (3) welding the seams; and (4) cutting the tube to specific lengths. We ruled that this process resulted in a new

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and different article. The steel coils imported into Panama were flat rolled steel materials that lacked the characteristics of steel tubes. Thus, the processing operations resulted in a product which had lost the identifying characteristics of the steel sheet in coil form.

Based on the test outlined in Anheuser-Busch and in Uniroyal, a substantial transformation occurs if two things exist. First, a new and different article emerges, and second, the new article has a distinctive name, character and use. The processing in Mexico in this case substantially transforms the steel coils into a new and different article, having a distinctive name, character or use. Kern imports large coils of rolled steel into Mexico. After it is imported, the coil is slit into strips, the strips are processed into springs and heated to 230 degrees centigrade for 30 minutes; and each spring is assembled into a plastic spring housing, connected to a spring cup and lubricated. Spring assemblies are the end result of this processing. Clearly, a new and different article emerges. Contrary to both Anheuser-Busch and Uniroyal, the identity of the imported article does not remain intact. The steel is no longer flat rolled steel material in coils, but has been manufactured into springs, which are used in automotive seat belt retractor assemblies.

The new article also has a distinctive name, character and use. The article imported into Mexico comes in as steel coil, but after the processing becomes spring assemblies. The processes performed on the steel coil at issue in this case result in the merchandise having a new character. The merchandise comes into Mexico as a flat rolled steel material. However, after the processing, it is changed from steel sheets to springs. The new article also has a distinctive use. Springs are used specifically in automotive seat belt retractor assemblies, a use for which the steel sheets in coil are unfit.

The imported merchandise in this case is similar to the merchandise in Customs' ruling of November 21, 1985, and undergoes some of the same processing. The coils are cut into strip, cut to length and coiled. As in that ruling, the steel coils imported into Mexico in this case are also steel materials that lack the characteristics of springs. Thus, the processing operations result in a new and distinct product which has a new name, identifying characteristics and a different use from that of the steel coils.

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HOLDING:

The processing operations performed in Mexico substantially transform the steel coil; thus Mexico is the country of origin of the springs for tariff purposes.

As requested, your samples are being returned.

Sincerely,

John Durant, Director
Commercial Rulings Division

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