CBP Ruling N350535 — The country of origin of a bench vise

Tariff classification

HTS codes: 2025, 1993, 1982, 1201, 2018, 1992, 9836

Headings: 2025, 1993, 1982, 1201, 2018, 1992, 9836

Product description

The country of origin of a bench vise

CBP rationale

substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter 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). Regarding the bench vise, it is our view that raw steel is substantially transformed in Vietnam through a cast molding process. This process creates the the final size, shape, and form of the sliding jaw and static jaw of the bench vise. It is the jaws that provide the principal characteristics of the finished bench vise, are dedicated for use as such, and cannot be used for any other purpose. Based on the provided descriptions and pictures of the additional processing and assembly operations performed in China, the jaws are not substantially changed so as to transform them into a new article with a different name, character, or use. It is therefore the opinion of this office that the country of origin of the bench vise is Vietnam. 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.

Full text

N350535
June 27, 2025
OT:RR:NC:N1:118
CATEGORY: Origin Fay Jin GreatStar Industrial USA, LLC 9836 Northcross Center Court, Suite A Huntersville, NC 28078 RE: The country of origin of a bench vise Dear Mr. Jin: In your letter dated June 24, 2025, you requested a country of origin determination for purposes of Section 301 and IEEPA duties. Pictures of the merchandise in different stages of manufacture were included with your submission, along with a narrative of the manufacturing processes. The item under consideration is a bench vise. It is a clamping tool used in metalworking, carpentry, and mechanical maintenance. The vise securely holds workpieces during cutting, grinding, drilling, or assembly operations. It is made of steel and consists of a sliding jaw and a static jaw with protective pads, a base, handle and screws. The static jaw provides a stable reference surface for clamping, while the sliding jaw adjusts positions to clamp workpieces of varying sizes. The swivel base allows 360° rotation of the vise body for angled work. The manufacturing process for the bench vise begins in Vietnam. Raw steel is cast molded into the final size, shape, and form of the sliding jaw and static jaw. The two jaws are then sent to China where they are polished and powder coated. Finally, they are assembled into the finished bench vise with Chinese origin screws, a handle, and a base. When determining the country of origin for purposes of applying current trade remedies under Section 301 and other duties, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter 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). Regarding the bench vise, it is our view that raw steel is substantially transformed in Vietnam through a cast molding process. This process creates the the final size, shape, and form of the sliding jaw and static jaw of the bench vise. It is the jaws that provide the principal characteristics of the finished bench vise, are

dedicated for use as such, and cannot be used for any other purpose. Based on the provided descriptions and pictures of the additional processing and assembly operations performed in China, the jaws are not substantially changed so as to transform them into a new article with a different name, character, or use. It is therefore the opinion of this office that the country of origin of the bench vise is Vietnam. 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). 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 Anthony Grossi at [email protected].
Sincerely,
(for) Steven A. Mack Director National Commodity Specialist Division

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