The country of origin of NNC Closure Caps

N310262 March 13, 2020 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Country of Origin Mr. Tobias Bachofner Institut Straumann AG Peter Merian Weg 12 Basel, 4002 Switzerland RE: The country of origin of NNC Closure Caps Dear Mr. Bachofner: In your letter dated March 2, 2020, you requested a country of origin ruling of NNC Closure Caps. NNC Closure Caps (screws) (SAP No. 048.324S Lot ZC742) are manufactured in Switzerland and shipped to the United States for final processing. In the United States, the screws undergo washing, blister packaging, primary box packing, final inspection of the product, packing for sterilization, sterilization of load, inspection after sterilization, and lot release. The finished product will be exported from the United States. 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.” 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. 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). 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). In this case, the washing, packing, sterilization, and inspection processes performed in the United States are considered to be minor finishing operations which do not constitute a substantial transformation. The screws (caps) retain their own identity having the same name, character, or use. The country of origin of the NNC Closure Caps after processing in the United States will be Switzerland. In your request, you also ask the marking requirement of the NNC Closure Caps when exported from the United States. Since the products are destined for foreign countries, it would be more appropriate to seek advice from the countries importing them regarding their marking requirements. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Fei Chen at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division