The country of origin of a power adapter

N313702 August 17, 2020 OT:RR:NC:N2:220 CATEGORY: Origin Rosa Zhou D and S Industries (Philippines) Corporation Unit 1-5 Orient Goldcrest Suntrust Ecotown, Bldg. 2 Cavite Philippines RE: The country of origin of a power adapter Dear Ms. Zhou: In your letter dated July 13, 2020 you requested a country of origin ruling. The merchandise under consideration is identified as the 10W Wireless Charger Pack with 3ft Micro Cable, Model Number BAWG0668 (Charger), which is described as a retail carton containing a 5 V, 2.0 A wireless charger and a 3 ft. electrical cable. The wireless charger consists of a plastic enclosure containing a printed circuit board assembly (PCBA) and the inductive coil. The electrical cable has a male Micro USB connector on one end, and a male USB Type-A connector on the other end. The subject Charger is intended to be used to wirelessly charge personal electronics that are placed in proximity to the charging pad. General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings, any relative section or chapter notes and, unless otherwise required, according to the remaining GRI’s taken in order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3. GRI 3 (a) states that the heading that provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings refer to only part of the items in a composite good or set, those headings are to be regarded as equally specific in relation to the goods, even if one of them gives a more complete or precise description of the good. As such, they are regarded as equally specific and classification of the composite good or set is to be determined by GRI 3(b) or GRI 3(c) taken in the appropriate order in which they are set out in GRI 3. GRI 3(b) states in part that composite goods or sets, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component that gives them their essential character The Explanatory Notes to the Harmonized Tariff System, although not legally binding, provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3 (b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without re-packing. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The subject Charger consists of two or more different articles that are, prima facie, classifiable in different headings. The Charger also consists of articles put up together to carry out a specific activity (i.e., charging personal electronics). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the Charger is described within the meaning of "goods put up in sets for retail sale". In accordance with GRI 3 (b), which states in part that goods put up in sets for retail sale, that cannot be classified by reference to GRI 3 (a), are to be classified as if they consisted of the component which gives them their essential character. In our view, the article that provides the essence of the retail set is the wireless charger. With regard to your request for a country of origin determination, you state that the wireless charger is assembled in the Philippines from component materials that are sourced from China and the Philippines by soldering 42 components, such as resistors, capacitors, an integrated circuit, and a diode onto a bare printed circuit board via a surface mount process. Based on the production description you provided, the inductive coil, which you state is also produced in the Philippines, is then soldered onto the PCBA along with the female USB connector. The charging assembly is subsequently mounted inside the enclosure, tested, and packaged. 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.” 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). Regarding the country of origin of the wireless charger, in our view the assembly of the PCBA in the Philippines by soldering the individual components and inductive coil onto the bare board results in a substantial transformation of the components to produce a PCBA of Philippine origin. Furthermore, it is the opinion of this office that the PCBA, incorporating the inductive coil, provides the essence of the electrical charging device because it is the article within the assembly that converts the electricity and wirelessly supplies it to the personal electronics. As such, we find that the components that make up the wireless charger are transformed in the Philippines into a new and different article of commerce with a name, character, and use. Thus, the 10W Wireless Charger Pack with 3ft Micro Cable, Model Number BAWG0668, is considered a product of the Philippines for origin and marking purposes 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division