CLA-2 OT:RR:NC:N1:102
M Jason Cunningham
Sonnenberg & Cunningham PA
780 Fifth Ave South
Naples, Florida 34102
RE: The country of origin of a faucet body faucet and a pop-up drain assembly
Dear Mr. Cunningham:
In your letter dated February 6, 2020, on behalf of your client, Delta Faucet, you requested a ruling on the country of origin of a lavatory faucet body and a pop-up assembly. A description of the manufacturing and assembly processes was submitted for our review.
Model number B2515LF-PPU-ECO, is a chrome plated, 4 inch centerset lavatory faucet kit, which is made-up of a lavatory faucet body and a pop-up assembly. The lavatory faucet body can be installed in sinks or countertops and is made-up of various components, to include a spout, two valve cartridges and two separate handles for hot and cold water. In use, the user turns one or both handles, which are each connected to a valve cartridge, and once a valve cartridge is opened, water is released and flows from the spout. The pop-up drain assembly controls the drainage of water from a lavatory sink basin and consists of three unassembled components: the vertical strap with a pivot arm, the lift rod assembly, and the pop-up assembly, which consists of a stopper contained in a fitting, which serves as the valve body. The hand-operated lift rod passes through a hole at the top of the faucet and connects to the vertical strap with a pivot arm. The horizontal pivot arm opens or closes the drain stopper once actuated. The lavatory kit and pop-up drain assembly are packaged together ready to be installed.
In your request you suggest the country of origin of the lavatory faucet body and the pop-up assembly are Vietnam and describe the manufacturing and assembly processes that occur using components that are from either China or Vietnam.
In regards to the lavatory faucet body, the valve cartridge components and valve bodies are manufactured in Vietnam prior to the final assembly process. The valve cartridge components are manufactured using an injection molded process and afterwards, the components are assembled to a Chinese metal plate to produce each faucet’s valve cartridges. Two threaded brass pipes are injection molded together to make a valve body in which the interior lining of each brass tube is coated with plastic and connected with a continuous plastic tube raceway to the spout. The completed cartridges and valve bodies are then used in the final assembly of the lavatory faucet body.
The final assembly of the lavatory faucet body occurs in Vietnam and begins by inserting sealing washers and springs into each faucet’s slide body tube. The slide body tubes are screwed onto a center body and a plastic spout tube is then screwed onto the faucet body, which has a screwed on support plate. After the faucet’s body assembly is complete, the Chinese escutcheon with spout is then installed. A valve cartridge and o-rings are then inserted into each valve body tube. A zinc Chinese bonnet is the tightened to secure each cartridge and valve body to the faucet body. Afterwards, the Chinese handles are placed and screwed onto the valve cartridges. A housed aerator from China is then connected to the spout. The assembly is then turned over and a Chinese cover plate is screwed in place. Next, a Chinese base plate is installed and secured with mounting nuts that are loosely attached to the brass threaded exterior of the faucet valve body so that they can be easily disassembled prior to installation. Each complete lavatory faucet body undergoes various testing.
In regards to the pop-up drain assembly, it is said that all of the components are manufactured in Vietnam. After the components of the assembly are manufactured, the components are then screwed to each other in Vietnam to form a complete pop-up assembly.
Pursuant to Part 134, Customs Regulations (19 CFR §134) implements the country of origin marking requirements and exceptions of 19 USC 1304. Section 134.1(b), Customs Regulations (19 CFR § 134.1(b)), defines “country of origin” as: “[t]he 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 this part.” A substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).
In order to determine whether a substantial transformation occurs when components are assembled into completed products, all factors such as the components used to create the product and manufacturing processes that these components undergo are considered in order to determine whether a product with a new name, character, and use has been produced. No one factor is decisive, and assembly/manufacturing operations that are minimal will generally not result in a substantial transformation.
In determining whether the combining of parts or materials constitute a substantial transformation, the issue is the extent of operations performed and whether the parts lose their identity and become an integral part of a new article. In the aforementioned scenario concerning the lavatory faucet body, the operations performed in China are not complex or meaningful enough. It is the various manufacturing and assembly processes in Vietnam that create a new and different article of commerce, as the Vietnamese valve bodies and cartridge valves that control the flow of hot and cold water are combined with less significant Chinese components and are subjected to operations resulting in the individual parts losing their separate identities to become a new article, i.e., a lavatory faucet body. In regards, to the pop-up assembly, the components are manufactured and assembled in Vietnam. As such, we find that the country of origin of the lavatory faucet body and the pop-up assembly will be Vietnam. Accordingly, the subject products will not be subject to the Section 301 remedy.
This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division