The country of origin of a network camera.

N306066 September 24, 2019 OT:RR:NC:N:2:208 CATEGORY: Country of Origin Ms. Yu-Shan Lee Alpha Networks Inc. No. 8 Li-shing 7th Rd, Science-based Industrial Park Hsinchu 30078 Taiwan RE: The country of origin of a network camera. Dear Ms. Lee: In your letter dated September 2, 2019, you requested a ruling on the country of origin for a Network Camera. The merchandise under consideration is identified as a Stick Up Cam Battery, which is a 1080p Wireless Network Camera. The Stick Up Cam Battery can capture images and convert them into an electronic signal that is transmitted as a video image to a location outside the camera for viewing or remote recording. It does not have any internal recording capability. Moreover, this indoor/outdoor camera can sit on a flat surface or can be wall mounted. According to the information provided, the following manufacturing processes were performed in Vietnam: Surface Mount Technology (SMT) process, IC programming, part forming, routing, DIP, downloading software, testing and PCBA packaging. The assembled process performed in China includes unpacking, conformal coating, lens assembly, gluing, adding mic and speaker functions, testing and packaging. 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).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, it is the opinion of this office that the PCBA, which is created in Vietnam, is the essence of the finished camera. The assembly processes that take place in China do not result in a substantial transformation of the PCBA. Therefore, provided that the SMT processes that creates the PCBA was done in Vietnam the camera would be considered a product of Vietnam and should be marked accordingly at time of importation into the United States. 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