H338728

H338728 May 13, 2025 OT:RR:CTF:VS H338728 RRB CATEGORY: Origin Katie Higgins Global Industries, Inc. 17 West Stow Road Marlton, New Jersey 08053 RE: U.S. Government Procurement; Title III, Trade Agreements Act of 1979 (19 U.S.C. 2511); Subpart B, Part 177, CBP Regulations; Global Industries, Inc.; Country of Origin of Meeting Tables; Substantial Transformation Dear Ms. Higgins: This is in response to your request, dated April 10, 2024, for a final determination concerning the country of origin of two models of meeting tables, the Kadin™ table (“Kadin table”) and the Terina™ table (“Terina table”) (collectively, “the meeting tables”), pursuant to Title III of the Trade Agreements Act of 1979 (“TAA”), as amended (19 U.S.C. § 2511 et seq.), and subpart B of Part 177, U.S. Customs and Border Protection (“CBP”) Regulations (19 C.F.R. § 177.21 et seq.). Global Industries, Inc. (“Global Industries”), the manufacturer of the meeting tables, is a party-at-interest within the meaning of 19 C.F.R. § 177.22(d)(1) and § 177.23(a) and is therefore entitled to request this final determination. FACTS: The merchandise at issue are the Kadin and Terina models of meeting tables manufactured by Global Industries. Each of these meeting table models is available in different size options, base finishes, and laminate and veneer tabletop finishes. Kadin table The Kadin table consists of a floating top surface, die-cast aluminum legs and a modular substructure for stability. Surfaces are offered in laminate or wood veneer finishes with multiple edge options and in three top shapes—round, square, or rectangular. The Kadin table configurations with laminate table surfaces are manufactured at Global Industries’ production facilities in Canada. The sheets used to manufacture the laminate table surfaces are sourced from Canada. They are either high-pressure laminate or low-pressure laminate. For high-pressure laminate sheets, adhesive is applied to the back of the sheet, the sheets are pressed onto the particle board substrate, and the adhesive is cured. For both high-pressure laminate and low- pressure laminate table surfaces, full-size sheets are fed onto a saw that is generated by a computer program for a precision cut pattern. Inserts are also programmed and added at this stage. The laminate table surfaces are then fed through an edge bander, which applies a hot melt glue to the edging and is pressed onto the edge. The processing of the laminate table surface is completed once the edging is trimmed. The Kadin table configurations with wood veneer table surfaces are also manufactured at Global Industries’ production facilities in Canada. The sheets used to manufacture the wood veneer table surfaces are sourced from Canada. The wood veneer table surfaces are available in a variety of veneer types, including cherry, walnut, white oak, and maple. Once the veneer type is selected, the veneer sheets are pressed onto the particle board substrate, and the adhesive is cured. Full-size sheets are fed onto a saw that is generated by a computer program for a precision cut pattern. Inserts are also programmed and added at this stage. The wood veneer table surfaces are then fed through an edge bander, which applies a hot melt glue to the edging and is pressed onto the edge. Next, the edging of the wood veneer sheets is trimmed and sanded. The surface and edge are then sprayed with a catalyzed lacquer finish and are cured. Once this is complete, the wood veneer surface is removed from the curing area and packaged for shipping. In addition to manufacturing the laminate and wood veneer table surfaces in Canada, the manufacturing process of the Kadin table consists of shipping die-cast aluminum table legs manufactured in China to Canada in a mixture of raw (unpainted) and polished aluminum (finished). Extruded aluminum connectors and injection-molded plastic components used to assemble the table frames are also manufactured in China and shipped to Canada. The extruded aluminum pieces, including table beams and screws, are all raw (unpainted). Injection-molded plastic components are finished in China. Once these components are shipped in bulk from China to Canada, the beams are cut down and pre-drilled to accept screws. The table legs, which can be customized in various finishes, are electrostatically painted depending on the selected finish, along with the matching connectors, die-cast pieces and beams. The painted legs are assembled with caps installed on the connectors. Finally, all remaining hardware is sorted, assembled and bagged. Once processing of the table surfaces, table legs, and hardware is complete, all of the table surface components are boxed in cardboard or skidded and strapped, depending on the quantity of surfaces in each package. The table legs and hardware 2 are bagged, bubble wrapped and boxed together. Beams longer than 36 inches are paper wrapped. All of those components are shipped together from Canada to the ultimate customer—in this case, a U.S. government agency. Final assembly of all the packaged table components occurs in the United States by the ultimate customer, using an installation guide provided to the customer by Global Industries. Terina table The Terina table is a multi-purpose table that allows for quick adaptability to various spaces. It includes a flip-top mechanism designed for one-handed operation, and an angled “T” leg design. The flip-mechanism also allows the tables to be stored in an upright position to minimize storage space. Like the Kadin table configuration, the Terina table surfaces are offered in laminate or wood veneer finishes. According to Global Industries, the manufacturing steps for the laminate and wood veneer table surfaces of the Terina configuration are identical to those of the Kadin configuration. In addition to manufacturing the laminate and wood veneer Terina table surfaces in Canada, the manufacturing process of the Terina table consists of shipping extruded raw aluminum (unpainted) vertical channels from China to Canada. Extruded aluminum connectors and injection-molded plastic components used to assemble the table frames are also manufactured in China and shipped to Canada. The extruded aluminum pieces are all raw (unpainted), whereas the injection-molded plastic components are finished. The “foot” of the flip top mechanism, manufactured in China in polished aluminum (finished), is shipped to Canada. The Terina configuration includes casters (wheels) that allow the table to be moved in a meeting space and are manufactured in China in a grey plastic. The casters are shipped in finished form from China to Canada. Once these base components are shipped in bundles from China to Canada, the parts are unpacked and sorted. The table legs, which can be customized in various finishes, are electrostatically painted depending on the selected finish, along with the matching brackets and beams. The painted legs are assembled by installing the foot, brackets, hardware, and leveler to the leg pipe. Finally, all remaining hardware is sorted, assembled and bagged. Once processing of the table surfaces, table legs, and hardware is complete, all of the table surface components are boxed in cardboard or skidded and strapped, depending on the quantity of surfaces in each package. The table legs and hardware are bagged, bubble wrapped and boxed together. Together, all of those components are shipped together from Canada to the ultimate customer—in this case, a U.S. government agency. Final assembly of all the packaged table components occurs in the United States by the ultimate customer, using an installation guide provided to the customer by Global Industries. 3 ISSUE: What is the country of origin of the Kadin and Terina meeting tables for purposes of U.S. Government procurement? LAW AND ANALYSIS: CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or 

CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purpose of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. Government, pursuant to subpart B of Part 177, 19 C.F.R. §§ 177.21 et seq., which implements Title III, Trade Agreements Act of 1979, as amended (19 U.S.C. §§ 2511-2518). CBP’s authority to issue advisory rulings and final determinations stems from 19 U.S.C. 2515(b)(1), which states: For the purposes of this subchapter, the Secretary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under section 2518(4)(B) of this title, an article is or would be a product of a foreign country or instrumentality designated pursuant to section 2511(b) of this title. Emphasis added. The Secretary of the Treasury’s authority mentioned above, along with other customs revenue functions, are delegated to the Secretary of Homeland Security via Treasury Department Order (TO) 100-20 “Delegation of Customs revenue functions to Homeland Security,” dated October 30, 2024, and are subject to further delegations to CBP (see also 19 CFR Part 177, subpart B). The rule of origin set forth in 19 U.S.C. 2518(4)(B) states: An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. See also 19 CFR 177.22(a). In rendering advisory rulings and final determinations for purposes of U.S. Government procurement, CBP applies the provisions of subp