CLA-2-96:OT:RR:NC:N4:415
Mr. Robert Um
OEC Logistics, Inc.
133-33 Brookville Boulevard, Suite 306
Rosedale, NY 11422
RE: The tariff classification and country of origin of three hair accessories from China.
Dear Mr. Um:
In your letter dated November 4, 2019, you requested a tariff classification ruling on behalf of your client, Yumark Enterprises, Corp.
The first item under consideration is common metal bobby pins. The classification of bobby pins has been established in Headquarters Rulings 964784, 964785, 964786, 964787, and 964802, all dated April 5, 2001. In your submission, you indicate the metal wires used in the construction are of Chinese origin and would be shipped to Cambodia in coils. The manufacturing process to be done in Cambodia involves cutting the wire, bending the wire to form the bobby pin shape, epoxy tipping the ends, and then packaging the completed goods to ship out.
The second item under consideration is plastic claw clips. They are spring hinged clips that feature teeth to hold the wearer’s hair in place. For this merchandise, the separate pieces of the clip, including the springs and bolts, would be made in China and shipped to Cambodia. In Cambodia, the clips would be assembled by inserting the bolt and spring. The clips would then be spray coated with paint, packed, and shipped out as a completed article.
The third item under consideration is circular spiral ponytail holders. They are made from thermoplastic polyurethane (TPU) plastic. You indicate the spiral coils would be manufactured in China and shipped to Cambodia in rolls. In Cambodia, it would undergo cutting, gluing into a loop, packing, and then being shipped out in a finished state.
The applicable classification for the metal bobby pins will be 9615.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[c]ombs, hair-slides and the like; hairpins, curling pins, curling grips, hair curlers and the like, other than those of heading 8516, and parts thereof: [o]ther: [h]air pins.” The column one, general rate of duty is 5.1 percent ad valorem.
The applicable classification for the plastic claw clips and the plastic spiral hair ties will be 9615.11.4000, HTSUS, which provides for “[c]ombs, hair-slides and the like; hairpins, curling pins, curling grips, hair curlers and the like, other than those of heading 8516, and parts thereof: [c]ombs, hair-slides and the like: [o]f hard rubber or plastics: [o]ther: [n]ot set with imitation pearls or imitation gemstones.” The column one, general rate of duty is 5.3 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/current.
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.
From the provided documentation, it is in the opinion of this office that these articles merely undergo simple assembly and/or manufacturing processes that do not result in a substantial transformation. As such, the country of origin for the metal bobby pins, plastic claw clips, and the plastic spiral hair ties would be China.
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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division