The country of origin of a fiber optic connector kit

N309669 February 28, 2020 OT:RR:NC:N2:220 CATEGORY: Origin Robert Murphy Amphenol Fiber Optic Products 2100 Western Ct. Lisle, IL 60532 RE: The country of origin of a fiber optic connector kit Dear Mr. Murphy: In your letter dated February 10, 2020 you requested a country of origin ruling. The merchandise under consideration is described as a sub-miniature optical fiber connector kit, the contents of which consist of an assembled ferrule/body, a rubber boot, and crimp ferrule. The ferrule/body is said to be assembled in Vietnam from components sourced from Japan, while the rubber boot and crimp ferrule are sourced from China. In your request, you state that the ferrule/body and coupling nut are machined from stainless steel in Japan and suggest that the ferrule/body represents the essential character of the optical fiber connector kit. After the ferrule/body and coupling nut are shipped to Vietnam, the coupling nut is assembled onto the ferrule/body using a retaining ring and a dust cap is placed over the ferrule end of the assembly. The assembled ferrule/body, consisting of the ferrule with coupling nut and dust cap, is then packaged into a plastic bag with a crimp ferrule and rubber boot, both of which are sourced from China. 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; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin.” The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character or use, different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 69 C.C.P.A. 151 (1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). With regard to the origin of the subject connector, we would note that the assembly operations performed in Vietnam by placing the connector nut over the ferrule/body and holding it in place with a retaining clip is not complex and does not substantially transform pre-finished connector parts. Furthermore, the ferrule/body is the component that the optical fiber is inserted into and provides for the essential alignment required for optical connections. Additionally, the combining of a crimp ferrule and a rubber boot into a plastic bag does not alter the essential character of the kit, where the ferrule/body represents the essence of the connector kit. Based on these considerations, we conclude that the assembly of the connectors in Vietnam does not constitute a substantial transformation of the prefabricated Japanese connector components and the sub-miniature optical fiber connector kit is considered a product of Japan for origin and marking purposes. 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division