OT:RR:NC:N1:105
Brian McCracken Combustion LLC 6224 50th Ave NE Seattle, WA 98115
RE: The country of origin of a wireless cooking thermometer, charging sleeve and timer
Dear Mr. McCracken:
In your letter dated August 28, 2023, you requested a country of origin ruling on a wireless cooking thermometer, charging sleeve and timer. Descriptive literature was provided for our review.
The first item under consideration is described as a wireless cooking thermometer. In operation, the user inserts the probe into the meat, which allows the temperature to be transmitted to the timer, via Bluetooth, for display. The thermometer consists of Bluetooth technology, a printed circuit board assembly (PCBA), rechargeable battery, data logger, thermistor, tube, handle, charging contacts, and eight sensors. The thermometer measures 0.19 inches in diameter and is 5.1 inches long.
The second item under consideration is described as a charging sleeve. In operation, the user inserts the wireless cooking thermometer into the sleeve and lines up the negative and positive contacts. The device then charges the thermometer. The charging sleeve consists of a charging PCBA, hull, LED diffuser, wiring, negative and positive contacts, a clip, and casing. The charging sleeve is imported in the same box as the wireless cooking thermometer.
The third item under consideration is described as a timer display for use with the wireless cooking thermometer. The item is designed to display the temperature readings from the probe. The device has a rechargeable battery, Bluetooth technology, a backlit LCD, timer, temperature readouts for up to four thermometers, and will display the temperature in both Fahrenheit and Celsius. The device measures 3.1 inches by 3.1 inches by 0.7 inches.
Over 150 different components are used in the construction of the three items. These include items from China (printed circuit board, coatings, probe tube, battery, handle, cables, charger, LED, positive and negative connections, solder paste, labels, washers, springs, lubricant, thermistors, etc.) and Taiwan (flash memory, thermistors, and chips). Many of the additional items, including the chips, diodes, inductors, resistors, sensors, switches etc., are used with the surface mount technology (SMT) processing. In addition to China and Taiwan, these items also come from France, Singapore, Malaysia, Austria, Japan, and the United States.
The production begins in Vietnam with the construction of the probe. The initial components to the main board and FPC board are baked in an oven prior to placing the PCB and newly mixed soldering paste into a tray. The technician then picks and places the key components using SMT and solders them in place. The product is then visually examined and X-ray inspected before moving to the next step. The probe’s main PCBA then undergoes programming and functional testing. The PCBAs are then preheated before a visual inspection and PCBA baking. The charger and timer PCBAs undergo a similar SMT and inspection process in Vietnam. All PCBAs are then stored in a warehouse. The next Vietnamese production steps involve inspecting and testing the additional components including the thermistors and batteries. Once verified the items are satisfactory, the thermistor is soldered into place. The thermistor is then bent and cut to the proper length. This step is followed by the soldering of the battery, testing the FPCB function, visually inspecting, and finally, packaging for shipment.
The process then shifts to China for additional soldering and using an automated tape cutting machine to affix high temperature tape to the tube and PCBA. This is followed by performing additional testing prior to installing the O-Rings, washers, handle, and locknut. The charger has the outside clip pressed into place and the power wires are soldered to the PCBA. The PCBA is then placed into the bottom cover and the negative/positive contacts are hot press glued before the high-pressure tape is added along with the cover. This completes the assembly of the probe and charger, which is then packaged for warehousing. The PCBA for the thermometer contains the core function of the product, including the battery, microprocessor, temperature sensors, and antenna when it leaves Vietnam. The tube and handle assembly, performed in China, are the outer housing used to protect the thermometer sensors and sensitive electronics during use.
The timer is assembled in China by taking the Vietnamese PCBA board and sticking it to the back cover of the timer. The LCD display and buzzer wires are then soldered into place, the pin inserted into the bottom cover, the battery wires soldered, and lastly, undergoes visual inspection and functional testing. The timers are then packaged for warehousing.
With regard to the origin of the wireless cooking thermometer, charging sleeve and timer, 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.” The courts have held that 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); Anheuser Busch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).
Based upon the facts presented, it is the opinion of this office that the PCBA surface mount technology assembly process, which includes the installation of the battery, microprocessor, temperature sensors, and antenna, results in a substantial transformation of the components from China, Taiwan, France, Singapore, Malaysia, Austria, Japan, and the United States. The additional production done in China, after the product leaves Vietnam, is not significant enough to fundamentally change the product and would not result in an additional substantial transformation. Furthermore, it is the opinion of this office, that the printed circuit board assembly provides the essential component of the wireless cooking thermometer, the charging sleeve, and the timer. Accordingly, we find that the components that make up the wireless cooking thermometer, charging sleeve and timer are transformed in Vietnam, which is where the surface mount technology takes place, to generate functional PCBAs. This is where the individual components turn into a new and different article of commerce with a name, character, and use distinct from the articles exported. Thus, for origin and marking purposes, the wireless cooking thermometer, charging sleeve, and timer are considered products of Vietnam at time of importation into the United States.
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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division