The country of origin of a doorbell camera.

N309220 February 14, 2020 OT:RR:NC:N2:208 CATEGORY: Country of Origin Ms. Lisa Murrin Expeditors Tradewin LLC 795 Juniper Drive Peabody, Massachusetts 01960 RE: The country of origin of a doorbell camera. Dear Ms. Murrin: In your letter dated January 24, 2020, on behalf of Vivotek, Inc., you requested a country of origin ruling determination. The merchandise under consideration is doorbell cameras, identified as SKU DB8332SW, (customer’s model VS-DBC251-110). The subject doorbell cameras are used for video surveillance. The camera transmits video images to a compatible application. Additionally, the camera can capture and record video and still images onto an internal SD card. The subject doorbell camera contains four printed circuit assemblies (PCBAs); a mainboard, IO board, IR board and power board. The Mainboard is the main system IC and controls all of the device functions including video/audio, Wi-Fi, etc. The IR Board is used for device night mode. The IO Board installs AC power input. The Power Board inputs AC12~24V to DC5V for all function IC use and NFC TAG IC. The primary components of the doorbell camera are the camera, which provides the video capture, and transmit the video to a compatible application and doorbell module that provides an audible signal. As such, the doorbell camera is a composite machine that performs two or more complementary functions; therefore, Note 3 to Section XVI is applicable. It is the opinion of this office that the camera performs the principal function to this device. As per the information provided, the printed circuit boards are assembled in Taiwan using Surface Mount Technology (SMT), which includes mounting, soldering, and placing various components directly onto the surface of a printed circuit board (PCB). The Taiwanese factory also places and solders a few dual in-line package (“DIP”) components on the PCB. The DIP process includes board loading, flux spray, hand soldering, visual inspection, and unloading. The image sensor and image processor are built into the camera module (ASIA OPTICAL/VVIVV0702), which is made in Taiwan. In addition, the Taiwanese factory performs in-circuit testing on the printed circuit board assemblies (PCBAs), and then sends them to China for final assembly. The Chinese factory assembles the PCBAs, NFC Tag IC, lens module, speaker and microphone, WLAN USB module, antenna and housing into the finished doorbell camera. The Chinese factory then downloads the firmware and performs functional testing. 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 on the facts presented, it is the opinion of this office that the PCBAs and the camera module that includes the image sensor and image processor, which are made in Taiwan, contribute to the main functionality of the finished doorbell camera. The assembly processes that take place in China do not result in a substantial transformation of the PCBAs or the camera module. Accordingly, the subject doorbell camera would be considered a product of Taiwan for origin and marking purposes at the 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