CLA-2-96:OT:RR:NC:N4:462
Steven Zisser
Zisser Customs Law Group
9355 Airway Rd., Suite 1 San Diego, CA 91107
RE: The country of origin of ball point pens
Dear Mr. Zisser:
In your letter dated February 13, 2025, you requested a country of origin ruling on ball point pens on behalf of your client, National Pen, Inc.
The merchandise under consideration are ballpoint pens. In your letter, you state the ink cartridge is manufactured in Italy from German ink, a ballpoint tip from India, and a U.S.-manufactured ink cartridge tube. In Italy the ink is injected into the cartridge tube and sealed with the ballpoint tip transforming it into a complete ink cartridge. The barrel (body), ratchet, grip, clip, plunger, and nose tip are imported from the U.S. The spring is imported from Mexico. China is where the final assembly of components takes place.
As part of the final assembly steps that take place in China, the spring is slid onto the ink cartridge assembly. The ink cartridge assembly and spring are inserted into the barrel. The plunger and ratchet are assembled and secured at the top of the barrel. The barrel and nose tip are screwed together, completing the core structure of the pen. The rubber grip is slid or pressed onto the body of the pen for added comfort. The clip (metal or plastic) is attached to the pen for convenience and functionality.
The country of origin is defined in 19 CFR 134.1(b) as the 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.
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, 69 C.C.P.A. 151 (1982); United States v. Gibson-Thomsen Co. Inc. 27 CCPA 267, C.A.D. 98 (1940); National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff'd, 989 F. 2d 1201 (Fed. Cir. 1993); Anheuser Busch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).
However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff'd, 702 F.2d 1022 (Fed. Cir. 1983). Substantial transformation determinations are based on the totality of the evidence. See Headquarters Ruling (HQ) W968434, date January 17, 2007, citing Ferrostaal Metals Corp. v. United States, 11 CIT 470, 478, 664 F. Supp. 535, 541 (1987).
It is your opinion that the country of origin for this product will be Italy. We agree.
The process of creating a complete ink cartridge in Italy resulted in a substantial transformation of the components.
The assembly of the remaining components in China does not constitue a change in name, character, or use. We note that specific product numbers are not identified in your submission. At the time of Entry/Entry Summary you may be requested to verify the information on raw materials, sources or value, etc., for any specific shipment or product.
It is our opinion that the country of origin for marking purposes of the ball point pens will be Italy.
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 CFR 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 Sandra Sary at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division