COUNTRY OF ORIGIN MARKING OF IMPORTED THUMB SENSORS

N258992 December 2, 2014 MAR-2 OT:RR:NC:2:235 CATEGORY: MARKING Mr. William H. Hammond Sotera Wireless 10020 Huennekens St. San Diego, CA 92121 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED THUMB SENSORS Dear Mr. Hammond, This is in response to your letter dated November 05, 2014, requesting a ruling on whether imported Thumb Sensors from China are required to be individually marked with the country of origin. The Thumb Sensors are to be used with a patient monitoring system. A marked sample was not submitted with your letter for review. The Thumb Sensors are to be used with the The ViSi Mobile® Patient Monitoring System. It is indicated in your follow up email to be the only totally mobile comprehensive vital signs monitoring platform. You state that in part that: 1)       The ViSi Mobile® Patient Monitoring System is the only totally mobile comprehensive vital signs monitoring platform that keeps clinicians connected to their patients whether in bed or in transport.  It is a body-worn monitor which allows for freedom of movement and accurate, continuous monitoring of all vital signs including the only beat-to-beat, noninvasive blood pressure in a majority of patients.  The ViSi Mobile ® communicates wirelessly for full integration with the hospital’s EHR using the hospital’s existing Wi-Fi network.  The ViSi Mobile ® solution is the only FDA-approved monitor that permits continuous monitoring of HR, pulse rate, RR, SpO2, skin temperature, and noninvasive cuffless blood pressure all in a package that can be patient worn.  Finally, the Sotera Solution is the only cloud resident evidence-based approach to managing alarms and alerts… 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is exempted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35. 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.As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.In Headquarters Ruling Letter 559912, dated March 25, 1997, it was found that the packaging together of various microscope components did not result in a substantial transformation of those articles, as the individual components retained their own identity. The same holds true for the components of the finished Visi Monitoring System, which maintain their own identity even after being packaged together in the United States. In this case, the imported Thumb Sensor which is assembled in China from foreign parts, is substantially transformed as a result of the foreign processing into its finished form. The imported Thumb Sensors are required to be marked according to the applicable laws. Where an article is produced as a result of an assembly operation and the country of origin of such article is determined to be the country in which the article was finally assembled, such article may be marked, as appropriate, in a manner such as the following:(1)     Assembled in (country of final assembly);(2)     Assembled in (country of final assembly) from components of (name of country or countries of origin of all components); or(3)     Made in, or product of, (country of final assembly).This office has determined that the subject Thumb Sensor as described above, would be considered properly marked “Made in China,” “Product of China, “ or “Assembled in China” when in compliance with the above-stated marking requirements. As per 19 CFR 134.35 it is our opinion that the US manufacturer of the finished system is the ultimate consumer of the Thumb Sensors. As such marking the imported article is exempted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Paul Hodgkiss at (646) 733-3046, or via email at paul.hodgkiss@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division