OT:RR:NC:N4:410
Sarah Raymond
GDLSK
599 Lexington Avenue, Floor 36 New York, NY 10001
RE: The country of origin of a hair clipper kit
Dear Ms. Raymond:
In your letter dated February 13, 2025, on behalf of your client Jem Accessories, you requested a country of origin determination ruling for a clipper kit for the purposes of applying current trade remedies under Section 301.
The merchandise at issue is identified as the Cordless Hair Clipper Kit (the hair clipper kit), which consists of a cordless electric hair clipper, oil bottle, charging cord and plastic comb attachments. The hair clipper has a rectangular body with slightly rounded edges. It features a two-tone black and silver color scheme. The side of the hair clipper includes a power switch and an adjustable taper lever for customizing cutting lengths. The hair clipper also has a charging plug at the bottom for power and a contoured shape designed for handling.
You presented two manufacturing scenarios, which are identical except for the motor's country of origin, i.e., in Scenario 1, the motor is made in China and in Scenario 2, the motor is made in Vietnam.
The Chinese origin components are the battery, scissors and fixed knife assembly. All other components are made in Vietnam. These components include the PCBA (printed circuit board assembly), charging cable, charging plug, wires, metal components (screws and nuts, cover, springs, gasket), etc.; and the plastic components (lower and upper shells, switch, slider, blade holder, adjusting lever, combs, etc.).
The PCBA is fabricated through the surface mount technology (SMT) in Vietnam. SMT is a process whereby dozens of components are directly mounted onto a PCBA using solder paste and automated placement. Reflow soldering then secures the components, enabling high-density, efficient electronic assembly.
The other components are fabricated in Vietnam through a variety of machining, pressing, and soldering operations. The operations encompass metal cutting and stamping, heat treatment, metal furnace injection molding, and plastic injection molding.
The final assembly operation procedures are summarized as follows:
The motor is connected to the PCBA by soldering the motor connection wire to its terminals. The battery is clipped to the underside of the PCBA. To minimize vibration and noise during operation, a motor sponge is placed around the motor.
The lower shell plastic serves as the foundation for the assembly. The battery is positioned in its designated compartment, and the charging plug is installed in its slot, ensuring proper alignment with the external charging port. The PCBA is secured into the lower shell using screws. A plastic light window and light window sticker are aligned over the LED indicators for visibility. The plastic switch is positioned in its slot within the shell and connected to the motor.
The motor and its cover are positioned and secured into the body. The scissor holder, fixed knife, adjustment spring lever, torsion spring, moving blade holder, and plastic slider are affixed to the motor head. The upper shell is attached to the finished lower shell. The adjustable lever is affixed to the side of the body.
When determining the country of origin for purposes of applying current trade remedies under Section 301, 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).
We find that a significant number of the parts or components are made in Vietnam, the manufacturing operations, including the SMT process, plastic injection and metal molding, are complex and meaningful.The manufacturing process in Vietnam does create a new and different article of commerce with a distinct character and use that is not inherent in the components imported into Vietnam. Therefore, the country of origin of hair clipper kit is Vietnam for both scenarios, and the China Section 301 remedies do not apply.
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)
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division