CLA-2-85:OT:RR:NC:N2:220
Kelly Raia
Blue Tiger International
19 Benjamin Ave.
East Moriches, NY 11940
RE: The country of origin of a Ground Fault Circuit Interrupting (GFCI) receptacle
Dear Ms. Raia:
In your letter dated November 16, 2020, you requested a country of origin ruling on behalf of your client, Wiremold Company (Legrand).
The item under consideration is identified as the 1597TR GFCI Outlet (Receptacle), which is described as an 15 A 125 V electrical receptacle having two three-prong sockets, two self-test buttons (Test and Reset), and an indicator light on the face. The GFCI Receptacle is intended to be installed within a building’s electrical circuit to provide ground protected power to various devices.
The subject receptacle is comprised of a plastic molded housing containing a printed circuit board assembly (PCBA), electrical contacts, wires, springs, and terminals. You state the GFCI Receptacle is manufactured in Vietnam from components sourced from China, Hong Kong, and Korea.
Based on the information supplied, the PCBA is assembled in Vietnam from a bare printed circuit board, integrated circuits, resistors, diodes and capacitors by surface mount and wave soldering processes to produce a PCBA of Vietnamese origin. The PCBA then undergoes additional processing as the latch and terminal assemblies, the solenoid, and toroid assemblies are soldered onto the board. Next, the PCBA is inserted into the plastic housing, which is molded in Vietnam, and the numerous contacts, springs, and terminals are assembled into a finished GFCI receptacle. The Receptacle is then inspected, tested, and packaged for exportation.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
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; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin.”
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). 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 country of origin of the Receptacle, in our view, the assembly of the PCBA in Vietnam by soldering the individual components onto the bare board results in a substantial transformation of the components to produce a PCBA of Vietnam origin. Furthermore, it is the opinion of this office that the PCBA provides the essence of the GFCI Receptacle because it is the article within the assembly that senses hazardous electrical current flow, disconnects the electrical connections, and provides the electrical protection to users of the machines/devices that are plugged into the sockets. As such, we find that the components that make up the GFCI Receptacle are transformed in Vietnam into a new and different article of commerce with a name, character, and use. Thus, the 1597TR GFCI Outlet is considered a product of Vietnam for origin and marking purposes at time of importation into the United States.
The GFCI Receptacle under consideration may be subject to an International Trade Commission (ITC) general exclusion order dealing with certain ground fault circuit interrupters (ITC Investigation No. 337-TA-739). The determination of whether your GFCI Receptacles are subject to the ITC Exclusion Order will be made independently of this country of origin ruling. For further information on admissibility, please contact your local Customs office, or the Electronic Center of Excellence and Expertise, prior to importation of the goods. If you require a written ruling on whether the exclusion order applies to your flooring panels, you should submit a ruling request with a sample of the GFCI Receptacle to the following office:
U.S. Customs and Border Protection
IPR & Restricted Merchandise Branch
Regulations and Rulings
90 K St., NE, 10th Floor
Washington, D.C. 20229-1177
This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division