The Country of Origin of Micro-USB Cable

N308302 December 20, 2019 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Country of Origin Steven Zhou Hank Electronics Vietnam Co. No.7, 11 street VSIP Tu Son Bac Ninh Tu Son 16353 Vietnam RE: The Country of Origin of Micro-USB Cable Dear Mr. Zhou: In your letter dated December 12, 2019, you requested a country of origin ruling on behalf of your client, Walgreen Co. The merchandise is identified as a Micro-USB Cable, Part# HKU981. The cable is 6 feet in length and affixed at one end with a USB-A type male connector and a mini USB-B type male connector at the other. The subject cable is used to charge and sync compatible mobile electronic devices to a variety of host units or charging stations. In your request, you state that the bare copper wire sourced from China is extruded, twisted, annealed and insulated in China. The finished conductor is then exported to Vietnam where Chinese origin connectors are added at each end. The finished cables are then tested for function and packaged for retail sale in Vietnam. 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). With regard to the subject Micro-USB Cable, it is the opinion of this office that the Chinese origin extruded, twisted, annealed and insulated conductor imparts the essence of the finished good. Further, while the assembly processes performed in Vietnam add significant function to the finished cable, we find that no substantial transformation occurs that creates a new and different article of commerce with a name, character and use distinct from the article exported. Therefore, based on the facts presented in this case, it is the opinion of this office that the country of origin of the Micro-USB Cable, Part# HKU981, is China. 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 Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division