Notice2024-13115
Notice of Issuance of Final Determination Concerning Thermal Printers
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 14, 2024
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document provides notice that U.S. Customs and Border Protection (CBP) has issued a final determination concerning the country of origin of five models of thermal printers. Based upon the facts presented, CBP has concluded in the final determination that the components of the subject thermal printers do not undergo substantial transformation in Japan when made into the final thermal printer units.
Full Text
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<title>Federal Register, Volume 89 Issue 116 (Friday, June 14, 2024)</title>
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[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50598-50601]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13115]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Notice of Issuance of Final Determination Concerning Thermal
Printers
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of final determination.
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SUMMARY: This document provides notice that U.S. Customs and Border
Protection (CBP) has issued a final determination concerning the
country of origin of five models of thermal printers. Based upon the
facts presented, CBP has concluded in the final determination that the
components of the subject thermal printers do not undergo substantial
transformation in Japan when made into the final thermal printer units.
DATES: The final determination was issued on June 10, 2024. A copy of
the final determination is attached. Any party-at-interest, as defined
in 19 CFR 177.22(d), may seek judicial review of this final
determination within July 15, 2024.
FOR FURTHER INFORMATION CONTACT: Austen Walsh, Valuation and Special
Programs Branch, Regulations and Rulings, Office of Trade, at (202)
325-0114.
SUPPLEMENTARY INFORMATION: Notice is hereby given that on June 10,
2023, CBP issued a final determination concerning the country of origin
of five models of thermal printers for purposes of Title III of the
Trade Agreements Act of 1979. This final determination, HQ H328859, was
issued at the request of Brother Mobile Solutions, Inc. (``Brother''),
under procedures set forth at 19 CFR part 177, subpart B, which
implements Title III of the Trade Agreements Act of 1979, as amended
(19 U.S.C. 2511-18). In the final determination, CBP has concluded
that, based upon the facts presented, the components, which are largely
sourced from China, are not substantially transformed in Japan when
made into the subject thermal printers.
Section 177.29, CBP Regulations (19 CFR 177.29), provides that
notice of final determinations shall be published in the Federal
Register within 60 days of the date the final determination is issued.
Section 177.30, CBP Regulations (19 CFR 177.30), provides that any
party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial
review of a final determination within 30 days of publication of such
determination in the Federal Register.
Alice A. Kipel,
Executive Director, Regulations and Rulings, Office of Trade.
HQ H328859
June 10, 2024
OT:RR:CTF:VS H328859 AMW
CATEGORY: Origin
Mr. Rick Van Arnam, Esq.
Barnes, Richardson & Colburn, LLP
100 William Street
Suite 305
New York, NY 10038
RE: U.S. Government Procurement; Title III, Trade Agreements Act of
1979 (19 U.S.C. 2511); Subpart B, Part 177; Brother Mobile
Solutions, Inc.; Country of Origin of Mobile Thermal Printers;
Substantial Transformation
Dear Mr. Van Arnam:
This is in response to your request of November 14, 2022, on
behalf of your client, Brother Mobile Solutions, Inc. (``Brother''),
for a final determination concerning the country of origin of
various thermal printer models, 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 CFR 177.21, et seq.). Brother is a party-
at-interest within the meaning of 19 CFR 177.22(d)(1) and 177.23(a)
and is therefore entitled to request this final determination.
Facts
Brother seeks a country of origin determination related to five
separate models of thermal printers described as the ``Brother
PocketJet 8 Mobile Thermal Printers'' (the ``thermal printers'').
Your request states that the assembly process for the thermal
printers is the same, though the devices differ in type of interface
(i.e., USB, Bluetooth, or Wi-Fi) and resolution (either ``standard
resolution'' at 203 dots per inch (``DPI'') or ``high resolution''
at 300 dots per inch). The five models are as follows:
------------------------------------------------------------------------
Model Interface Resolution
------------------------------------------------------------------------
PJ-822.............. USB...................... 203 DPI.
PJ-823.............. USB...................... 300 DPI.
PJ-862.............. USB, Bluetooth........... 203 DPI.
PJ-863.............. USB, Bluetooth........... 300 DPI.
PJ-883.............. USB, Bluetooth, Wi-Fi.... 300 DPI.
------------------------------------------------------------------------
The thermal printers provide full-page mobile printing,
producing text or images by passing specially treated paper (i.e.,
thermal paper) over a ``print head'' comprised of a small,
electrically heated element. Upon exposure to heat, the coating on
the paper turns black, producing the desired text or image. The
thermal printers connect with most computer models, including IOS
and Android devices.
The thermal printers will undergo final assembly in Japan by Mie
Brother Precision Industries, Ltd. (``Mie Brother'') utilizing
discrete components imported from Taiwan, Vietnam, and China, as
well as a Japanese-origin printed circuit board assembly (``PCBA'').
As outlined in your request, the thermal printers consist of four
main component groupings:
(1) Print Mechanism
The print mechanism utilizes direct thermal technology to apply
heat to the treated paper and produce text and images. The print
mechanism is comprised of approximately 48 components, including a
chassis assembly, head spring, gears, thermal plate, paper guide,
screws, and a stepping motor used to move paper through the print
mechanism. The print mechanism is comprised entirely of Chinese-
origin components (aside from the Taiwanese-origin stepping motor),
which are assembled into the thermal printers in Japan.
(2) Covers/Chassis
The covers and chassis are static items that make up the chassis
of the thermal printers. They are comprised of approximately 59
components, including a top cover, back cover chute cover, battery
latches, face tape, and various labels and screws. Each of these
components is produced in China and are assembled into the printers
in Japan.
(3)Sensor Unit
The sensor unit consists of five components: a Vietnam-produced
membrane switch, which functions as an operator interface, allowing
the user to operate and control the device. The remaining
components, including flexible printed
[[Page 50599]]
circuits that control the printer's on/off switch, its LED
indicator, and a radio circuit (Bluetooth vs. WiFi in model PJ 863),
are all produced in China and assembled into the printers in Japan.
(4) Main PCBA
The main PCBA is produced by a third-party manufacturer in
Japan. The PCBA includes the device's firmware, and functions as the
motherboard of the printer. It controls communication with the
device looking to print (i.e., computer or phone), houses the memory
for the printer, and forms the image to be printed.
In addition to the physical components described above, you
state that the device's firmware is designed and developed in Japan.
The firmware consists of software embedded into the PCBA that will
control the device.
All told, your request indicates that slightly more than half of
the printers' value, is attributable to production occurring in
China. Slightly less than half of the printers' value is produced in
Japan. Less than 10% by value is produced in Vietnam and in Taiwan.
By quantity, approximately 97% of all components are produced in
China, whereas 1% of the printers' components are produced in Japan,
1% in Taiwan, and 1% in Vietnam.
You state that the final assembly of the above-mentioned
components occurs in Japan. Specifically, your request indicates
that assembly in Japan occurs in roughly the following steps:
Mainframe Assembly
In this stage, the main PCBA is mounted to the main chassis
assembly. Then, the stepping motor is attached to the chassis, and
the print mechanism components are affixed. Next, the side and upper
chassis boards are attached to the main frame, as are three head
pressing springs. The platen and transfer gears are added. Finally,
the chute cover is attached to this frame.
Cover Assembly
Next, the cover assembly is created. The components of the
sensor unit--the membrane switch, LED lamp, and various flexible
printed circuits, are assembled to the top cover. The back cover is
then attached, followed by the top cover and then the latches. All
cover screws are tightened. A dummy battery is inserted, and a label
is affixed on the bottom of the cover.
After assembly is complete, the thermal printers undergo a
testing process in which the machines receive a function test,
printing inspection, Wi-Fi/Bluetooth check, and appearance
inspection.
Issue
What is the country of origin of the subject thermal printers
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 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 CFR 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 is set forth in 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.\1\
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\1\ The Secretary of the Treasury's authority mentioned above,
along with other customs revenue functions, are delegated to CBP in
the Appendix to 19 CFR part 0--Treasury Department Order No. 100-16,
68 FR 28322 (May 23, 2003).
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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 subpart B of Part 177 consistent with the Federal Acquisition
Regulations (``FAR''). See 19 CFR 177.21. In this regard, CBP
recognizes that the FAR restricts the U.S. Government's purchase of
products to U.S.-made or designated country end products for
acquisitions subject to the TAA. See 48 CFR 25.403(c)(1).
Section 25.003 defines ``designated country end product'' as:
a WTO GPA [World Trade Organization Government Procurement
Agreement] country end product, an FTA [Free Trade Agreement]
country end product, a least developed country end product, or a
Caribbean Basin country end product.
Section 25.003 defines ``WTO GPA country end product'' as an
article that:
(1) Is wholly the growth, product, or manufacture of a WTO GPA
country; or
(2) In the case of an article that consists in whole or in part
of materials from another country, has been substantially
transformed in a WTO GPA country 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 transformed. The term refers
to a product offered for purchase under a supply contract, but for
purposes of calculating the value of the end product includes
services (except transportation services) incidental to the article,
provided that the value of those incidental services does not exceed
that of the article itself.
Once again, we note that the subject thermal printers are
assembled in Japan, a WTO GPA country, with components sourced from
both TAA-designated countries (i.e., Taiwan and Japan) as well as
non-TAA countries (i.e., China, Vietnam).
In order to determine whether a substantial transformation
occurs when components of various origins are assembled into
completed products, CBP considers the totality of the circumstances
and makes such determinations on a case-by-case basis. The country
of origin of the item's components, extent of the processing that
occurs within a country, and whether such processing renders a
product with a new name, character, and use are primary
considerations in such cases. Additionally, factors such as the
resources expended on product design and development, the extent and
nature of post-assembly inspection and testing procedures, and
worker skill required during the actual manufacturing process will
be considered when determining whether a substantial transformation
has occurred. No one factor is determinative.
A new and different article of commerce is an article that has
undergone a change in commercial designation or identity,
fundamental character, or commercial use. A determinative issue is
the extent of the operations performed and whether the materials
lose their identity and become an integral part of the new article.
See Nat'l Hand Tool Corp. v. United States, 16 CIT 308 (1992),
aff'd, 989 F.2d 1201 (Fed. Cir. 1993). ``For courts to find a change
in character, there often needs to be a substantial alteration in
the characteristics of the article or components.'' Energizer
Battery, Inc. v. United States, 190 F. Supp. 3d 1308, 1318 (Ct.
Int'l Trade 2016) (citations omitted). Courts have looked to ``the
essence'' or essential character of the completed article ``to
determine whether it has undergone a change in character as a result
of post-importation processing.'' Id. (citing Uniroyal, Inc. v.
United States, 542 F. Supp. 1026 (Ct. Int'l Trade 1982), aff'd, 702
F.2d 1022 (Fed. Cir. 1983)). In Uniroyal, 542 F. Supp. at 1030, the
U.S. Court of International Trade (``CIT'') held that ``it would be
misleading to allow the public to believe that a shoe is made in the
United States when the entire upper--which is the very essence of
the completed shoe--is made in Indonesia and the only step in the
manufacturing process performed in the United States is the
attachment of an outsole.''
In Energizer Battery, Inc. v. United States, 190 F. Supp. 3d
1308 (2016), the CIT interpreted the meaning of the term
``substantial transformation'' as used in the TAA for purposes of
government procurement. Energizer Battery involved the determination
of the country of origin of a flashlight, referred to as the
Generation II flashlight, under the TAA. All the components of the
Generation II flashlight were of Chinese origin, except for a white
LED and a hydrogen getter. The components were imported into the
United States where they were assembled into the finished Generation
II flashlight.
The Energizer Battery court reviewed the ``name, character and
use'' test in determining whether a substantial transformation had
occurred and reviewed various court decisions involving substantial
[[Page 50600]]
transformation determinations. The court noted, citing Uniroyal,
that when ``the post-importation processing consists of assembly,
courts have been reluctant to find a change in character,
particularly when the imported articles do not undergo a physical
change.'' Energizer at 1318. In addition, the court noted that
``when the end-use was pre-determined at the time of importation,
courts have generally not found a change in use.'' Energizer Battery
at 1319, citing as an example, National Hand Tool. Furthermore,
courts have considered the nature of the assembly, i.e., whether it
is a simple assembly or more complex, such that individual parts
lose their separate identities and become integral parts of a new
article.
In reaching its decision in the Energizer Battery case, the
court expressed the question as one of whether the imported
components retained their names after they were assembled into the
finished Generation II flashlights. The court found ``[t]he
constitutive components of the Generation II flashlight do not lose
their individual names as a result [of] the post-importation
assembly.'' The court also found that the components had a pre-
determined end-use as parts and components of a Generation II
flashlight at the time of importation and did not undergo a change
in use due to the post-importation assembly process. Finally, the
court did not find the assembly process to be sufficiently complex
as to constitute a substantial transformation. Thus, the court found
that Energizer's imported components did not undergo a change in
name, character, or use because of the post-importation assembly of
the components into a finished Generation II flashlight. The court
determined that China, the source of all but two components, was the
correct country of origin of the finished Generation II flashlights
under the government procurement provisions of the TAA.
In this matter, counsel argues that the country of origin of the
subject thermal printers will be Japan because: (1) the final
assembly of the various components occurs in Japan, and all
components undergo a substantial transformation when assembled into
the thermal printers; (2) the main PCBA is produced in Japan, which
functions as the ``brains'' of the device and therefore imparts the
essential character; and (3) the device's firmware is designed,
developed, and embedded in Japan. In doing so, the request cites
Headquarters Ruling Letter (HQ) H298653, dated November 19, 2018; HQ
H241146, dated May 21, 2013; and HQ H185775, dated December 21,
2011.
In HQ H298653, CBP considered the country of origin of solar
panels that were assembled in China using both Chinese and non-
Chinese components, including polycrystalline solar cells that were
entirely manufactured in Germany. CBP determined that
polycrystalline solar cells, which imparted the essential character
of the finished panels, did not lose their identity and became an
integral part of the solar panels when they were combined with other
components during the processing in China. The end-use of the solar
cells and other components was pre-determined before the components
were imported into China, and the solar cells (and other components)
remained solar cells during processing in China. Therefore, CBP
found that the country of origin of the solar panels was Germany. We
note, however, that HQ H298653 pertains to solar panels, which is a
completely different product class from the subject merchandise, and
that does not include a PCBA, firmware, or similar components to the
subject merchandise.
In HQ H241146, CBP considered the country of origin of
monochrome laser printers. In that case, Chinese-origin
subassemblies were imported into the United States, where they were
assembled with U.S.-origin PCBs, and programmed with Japanese-origin
firmware. While the printers were comprised of subassemblies and
components from various countries, they were also comprised of a
controller unit assembled in the United States (with U.S.-origin
PCBs), which was important to the function of the printers. As a
result, CBP found that the last substantial transformation occurred
in the United States.
In HQ H185775, CBP considered the country of origin of a
multifunction office machine. In that case, the incomplete print
engine was produced in Vietnam and consisted of a metal frame,
plastic skins, motors, controller board with supplier-provided
firmware, a laser scanning system, paper trays, cabling paper
transport rollers, and miscellaneous sensing and imaging systems.
The incomplete print engine was shipped to Mexico, where the
following assemblies were added: the formatter board, scanner/
automatic document feeder, control panel, fax card, hard disk drive/
solid state drive, firmware (which was developed and written in the
United States), along with other minor components and accessories.
CBP determined that Mexico was the country of origin because the
assembly of the various nonfunctioning assemblies and components,
along with the addition of firmware and programming, resulted in a
substantial transformation.
In addition to the rulings cited in Brother's request, we
identified several additional relevant rulings, as follows: HQ
H304677, dated April 21, 2023; HQ H301910, date August 5, 2019; HQ
H287548, dated March 23, 2018; HQ H219519, dated April 3, 2013; and
HQ H018467, dated January 4, 2008. The applicability of each ruling
is discussed below.
In HQ H304677, CBP considered the country of origin of various
models of multi- and single-function printers that underwent final
assembly in Mexico. Most of the components for the printers were
assembled in China to create subassemblies referred to as ``printer
transports,'' which consisted of the basic housing and associated
structures (e.g., frames, covers, laser scanning unit, power supply
unit). The units' PCBAs were manufactured in Mexico via surface
mount and pin through hole technology. The devices' firmware was
downloaded in Mexico, but was architected and designed in the United
States, with support from an entity in the Philippines. In
determining the country of origin to be China, CBP noted that the
Mexican-origin PCBA did not serve as the only fundamental
functioning component of the printers, but that the other Chinese-
origin components also proved critical in enabling the units to
perform their function, including feeding the paper and printing
images onto the paper.
In HQ H301910, CBP considered the country of origin of mailing
machine engines used in certain postage meters. In that ruling, the
body of the engine was assembled in China and then transported to
Japan where the Japanese-origin PCBA, print head, and print control
and diagnostic firmware were installed. Testing and packaging also
occurred in Japan. CBP determined that the main PCBA, the print
control firmware, and the print head constituted the primary and
fundamental essence of the mailing machine engine because these
components controlled the engine's function, operations, and enabled
the printing of the correct postage. In particular, the main PCBA
itself was composed of components essential to the fundamental
function and primary purpose of the engine including the CPU, the
memory, and the Field-Programmable Gate Array--all of which combined
to form the ``brain'' of the machine. CBP held that, inasmuch as the
main PCBA, the print control firmware, and the print head were all
produced in Japan, the country of origin of the mailing engine
machine was Japan.
In HQ H287548, CBP determined that the country of origin of a
monochrome laser printer was Japan despite having component parts
sourced from several countries and where the final assembly took
place in the United States. In HQ H287548, the main PCB and firmware
were produced in Japan, while the fuser unit, automated document
feeder unit, photo conductor, toner cartridge, operation panel, and
body unit were all assembled in Vietnam from components sourced from
a variety of countries, including the Philippines, Vietnam, and
China. CBP determined that the Japanese-origin PCB and firmware
imparted the essential character of the laser printer because the
firmware provided the control program for the printers and enabled
the main PCB assembly to function as the electronic ``brains'' of
the printers by controlling all printer functions. Moreover, the
production of the feeder unit, fuser unit, photo conductor, toner
cartridge and operation panel occurring in Vietnam was inexpensive
and did not require a sophisticated skill set to effect production.
Likewise, the final manufacturing in the United States was concluded
in 40 minutes (including testing), which did not rise to the level
of complex processes necessary for a substantial transformation to
occur.
In HQ H219519, CBP considered the country of origin of a laser
jet printer and fax machine made up of Chinese parts that was
assembled in Mexico. The laser jet printer/fax machine was composed
of a print engine, motors, control board (with firmware), paper
trays, rollers, transfer belt, formatted printed circuit boards, and
other components. CBP determined that the assembly in Mexico was not
complex or significant enough to result in a substantial
transformation, rendering the country of origin as China. CBP
explained that the assembly in Mexico did not change or define the
use of the finished laser jet printer/fax machine. CBP considered
the
[[Page 50601]]
amount of time to complete the final assembly of the product. In one
scenario, the timeframe to complete the assembly was three to four
minutes. In the second scenario, it took seven to eight minutes and
in a third scenario assembly was completed within two to three
minutes. Meanwhile, the complexity, time and skill involved in
producing the Chinese-origin controller board (with firmware),
printed circuit boards, print engine and the remaining components
exceeded the simplistic assembly that took place in Mexico. Finally,
CBP reasoned that since the print engine was the central mechanism
by which the printer/fax machine performed its printing and because
the controller board and PCB were the central command components
that determined when and how the machines were to function, these
components combined to impart the essential character of the overall
printer/fax machine.
Finally, in HQ H018467, CBP considered two manufacturing
scenarios for multi-function printers. In one scenario,
manufacturing took place in two countries; in the other, it took
place in three countries. In the two-country scenario, 18 units were
manufactured in the Philippines from components produced in various
countries. The units were sent to Japan where the system control
board, engine control board, organic photoconductor (``OPC'') drum
unit, and the toner reservoir were manufactured and incorporated
into the units. The control boards were programmed in Japan with
Japanese firmware that controlled the user interface, imaging,
memories, and the mechanics of the machines. The machines were then
inspected and adjusted as necessary. CBP found that the
manufacturing operations in Japan substantially transformed the
Philippine units such that Japan was the country of origin. In
making the determination (and in addition to the finding that
operations performed in Japan were meaningful and complex and
resulted in an article of commerce with a new name, character and
use), CBP considered the fact that the system control board, the
engine control board, and the firmware, which were very important to
the functionality of the machines, were manufactured in Japan.
The relevant judicial precedent and CBP rulings indicate that
the component (or components) that imparts the character of a
product will be a significant factor in determining the country of
origin of a product. This matter is most like HQ H304677, in which
we determined that certain printer units assembled in Mexico from
various Chinese-origin components, a Mexican-origin PCBA, and U.S.-
origin firmware to be of China origin. As in HQ H304677, we find
that the subject PCBA does not serve as the only fundamental
functioning component of the thermal printers. Although the PCBA and
Japanese-origin firmware enable the thermal printers to communicate
with external devices and process the images to be printed, the
other components and assemblies are also critical in enabling the
printer to form text or images and apply heat to the paper to create
text or images. For instance, the Chinese-origin print head
physically applies heat to the treated paper to produce an image.
Likewise, a Chinese-origin flexible PCBA controls each printer's on/
off function, and a Chinese-origin radio circuit also facilitates
the device's communication with external devices. See also, HQ
H301910, supra (noting PCBA, print head, and firmware are all
essential to a printer's function). This matter is further
distinguishable from HQ H287548 in which we determined that that the
Japanese-origin PCBA and firmware conferred the essential character
of a printer that was assembled in the United States from components
sourced from a variety of countries, including Japan, the
Philippines, China, and Vietnam (where many of the foreign-origin
components were assembled into discrete subassemblies). In the
present matter, by contrast, the largest portion of both cost and
components used in producing the subject thermal printers is
imparted by the Chinese-origin components.
This matter is also distinguishable from HQ H018467 (which was
decided before Energizer Battery) in which CBP determined, in
relevant part, the country of certain multi-function printers to be
Japan where Philippine-origin subassemblies manufactured from
components produced in various countries were combined in Japan with
Japanese-origin system control board, engine control board, OPC drum
unit, toner reservoir and firmware. In finding the country of origin
to be Japan, CBP also found the assembly operations occurring in
Japan to be complex and meaningful. In contrast to HQ H018467, here,
although the PCBA and firmware originated in Japan as in HQ H018467,
the subject thermal printers contained no other components
originating in Japan; instead, as noted above, the overwhelming
majority, approximately 97%, of components, originated in China.
Furthermore, and again unlike in HQ H018467, the assembly operations
occurring in Japan are not complex or meaningful. Instead, outside
of the PCBA assembly, the Japanese assembly process consists of
simple steps such as mounting, attaching, fitting, and screwing the
imported components together. See also, HQ H219519 (finding final
assembly in Mexico not complex or meaningful). Therefore, as with HQ
H304677, we find the present scenario is analogous to Uniroyal and
Energizer Battery where the imported material did not undergo a
substantial transformation. While Uniroyal did not go into detail
concerning the manufacture and contribution of the sole to the shoe,
the decision recognized that it was the manufacture of the upper,
just like the many Chinese printer components here, that provided
the character to the finished article. Similarly, we find that the
mechanical printing functions are imparted by the Chinese-origin
components.
Based on the foregoing, we find that the country of origin of
the subject thermal printers is China and, therefore, would not be
products of a foreign country or instrumentality designated pursuant
to 19 U.S.C. 2511(b)(1).
Holding
Based on the facts and analysis set forth above, the country of
origin of the instant thermal printers will be China.
Notice of this final determination will be given in the Federal
Register, as required by 19 CFR 177.29. Any party-at-interest other
than the party which requested this final determination may request,
pursuant to 19 CFR 177.31, that CBP reexamine the matter anew and
issue a new final determination. Pursuant to 19 CFR 177.30, any
party-at-interest may, within 30 days of publication of the Federal
Register Notice referenced above, seek judicial review of this final
determination before the U.S. Court of International Trade.
Sincerely,
Alice A. Kipel, Executive Director, Regulations and Rulings, Office
of Trade.
[FR Doc. 2024-13115 Filed 6-13-24; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on June 14, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.