The country of origin of cameras

N303576 April 18, 2019 OT:RR:NC:N2:208 CATEGORY: Country of Origin Mr. Sergio H. Langarica Sony Electronics Inc. 16535 Via Esprillo San Diego, CA 92127 RE: The country of origin of cameras Dear Mr. Langarica: In your letter dated March 21, 2019, you requested a country of origin ruling determination on the applicability of certain trade remedies under Section 301. This request concerns the country of origin for Sony Camera Model PXW-FS7M2. The subject camera is a handheld camcorder, which is ideally suited for filming documentaries. 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. According to the information provided, the design and development of PXW-FS7M2, including the design and development of the firmware and one of the essential components, are performed in Japan. The manufacturing processes conducted in Japan includes final assembly, firmware programming, and installation, calibration, testing, packing, and shipping. Moreover, the two essential components of the subject camera are the Image Sensor and the Image Signal Processing Board (ISP Board). The image sensor is of Japanese origin. Once the Image Sensor Unit is completed in Japan, it is then sent to China for assembly into a module. The Image Sensor Unit is assembled with the base, hook ring, F cabinet, outer ring, and the ring plate in China. The ISP Board is assembled in China with components from multiple origins and is then sent to Japan to complete the assembly process. In Japan, the firmware is installed onto the camera. The firmware is the software programmed into the camera that makes it functional. The firmware is developed and installed onto the ISP board camera in Japan. The firmware development, which included the writing of the program code, is performed in Japan. Lastly, calibration, testing, and packing are also performed in Japan. 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).However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983). Substantial transformation determinations are based on the totality of the evidence. See Headquarters Ruling (HQ) W968434, date January 17, 2007, citing Ferrostaal Metals Corp. v. United States, 11 CIT 470, 478, 664 F. Supp. 535, 541 (1987).Based upon the facts presented and the pertinent authorities, it is the opinion of this office that the last substantial transformation occurred in Japan. Therefore, consistent with previous CBP rulings, we find that the country of origin of the final product is Japan. 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 Lisa Cariello at lisa.a.cariello@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division