The country of origin of a nozzle deck and a valve deck

N318487 April 6, 2021 CLA-2-84:OT:RR:NC:N1:118 CATEGORY: Country of Origin Mr. Michael E. Murphy Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 RE: The country of origin of a nozzle deck and a valve deck Dear Mr. Murphy: In your letter dated March 19, 2021, on behalf of your client, Videojet Technologies Inc., you requested a ruling on the country of origin of two separate components of a continuous ink jet printer. The first component is identified as a nozzle deck. It functions as the inkjet portion of the print head, which propels droplets of ink onto the substrate that is being printed. The nozzle deck is assembled from multiple individual components. You state that the key component of the nozzle deck is the nozzle assembly. The nozzle assembly is of U.S. origin and constitutes the majority of the total material cost of the finished nozzle deck. The nozzle assembly is an engineered device that is responsible for creating drops of ink in a reliable and consistent manner so that the print head may print at a rapid speed. It converts electrical energy into mechanical energy, and then transfers the mechanical energy into the fluid inside to make pressure oscillation and produce a fluid jet of the required size. The nozzle deck is assembled in China, which consist of some soldering, welding, riveting, screwing, gluing, curing and testing. Assembly begins with the mounting and installation of the nozzle holder on the mounting cradle with a rivet and screw. A grounding connector is attached to the nozzle holder, the charge electrode is placed into the print head cover, and a gutter tube is installed with a hand tool and fastened with a screw. The velocity sensor, which measures the speed of the ink droplets, is installed with tape on the cover plate and the print head covers are placed in a fixture and heated in an oven. The operator then prepares the glue by mixing the glue with a curing agent and vacuuming the glue. The glue is then filled into the groove next to the velocity sensor. The fixture is then placed into the oven. After baking, various components are screwed and press mounted together on the nozzle side of the print head panel. The operator subsequently installs a printed circuit board on the underside of the panel with nuts. The operator trims the extra pins on the board, solders the pins, cleans the board with solvent and blows the board with an air gun. Finally, the operator installs the nozzle assembly, measures the distance between the nozzle and the charging slot to ensure a precise measurement, and secures the nozzle assembly with screws and nuts. The next step is wet testing in order to ensure that the velocity sensor is functioning properly with inks and solvents. After testing, the operator performs the final flushing step to clean the ink. The second component under consideration is identified as a valve deck. It performs a dual function of directing the flow of ink between the printer and the nozzle deck, and of heating the ink to the appropriate temperature for printing. The valve deck is assembled from multiple individual components. You state that the primary components of the valve deck are two solenoid valves of Swiss origin. The value of the solenoid valves constitutes the majority of the total material cost of the finished valve deck. When ink is needed to supply the nozzle assembly, the ink valve opens, and the make-up fluid valve stays closed. When make-up fluid is needed to clean the nozzle assembly, the make-up valve opens, and the ink valve closes. These solenoid valves are custom designed and manufactured for the valve deck and are not intended for use with any other product. The remaining components of the valve deck originate in Taiwan, Switzerland, the United States, Hungary and China. The valve deck is fully assembled in China, which consists of mixing glue, glue vacuuming, baking, dry and wet testing, and flushing after testing. Specifically, the assembly process begins with the assembly of the heater, which involves stripping and cutting wires and minor soldering, testing the heater's resistance, and placing the heater and temperature sensor in the manifold (steel plate) using adhesive tape and paste. The assembly is then heated in an oven. Glue is mixed with a curing agent, heated and filled into the manifold groove, after which it is cured in the oven. The operator then installs valve grommets onto the manifold and installs the two Swiss origin valves on the opposite side of the manifold, using screws to secure the valves in place. The attached valve wires are threaded through the grommets and are soldered to connection points on a printed circuit board that is then attached via screws to the opposite side of the manifold. The heat resistor of the valve deck is then tested on a machine. Finally, the valve deck undergoes wet testing to check the functionality with ink and solvent to ensure the deck is functioning properly. After testing, the operator performs a final flushing step to clean the ink. With regard to your request for the appropriate country of origin of the nozzle deck and valve deck, 19 C.F.R. § 134.1(b) provides in pertinent part as follows: Country of origin means 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 and 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). In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. These factors include the components used to create the product and manufacturing processes that these components undergo. No one factor is decisive, and minimal assembly operations will generally not result in a substantial transformation. Regarding the nozzle deck, it is our view that the U.S. origin nozzle deck assembly constitutes the essence of the finished nozzle deck. Although the assembly operations in China, along with the other foreign components, are not inconsequential, the totality of the circumstances determines our decision. The nozzle assembly performs the essential function of the nozzle deck, which is to ensure that the flow of ink is dispersed into drops. It also accounts for the overwhelming majority of the cost of the finished nozzle deck. Therefore, it is the opinion of this office that the country of origin of the finished nozzle deck is the United States. In regard to the valve deck, we believe the Swiss origin solenoid valves impart the essence of the finished valve deck. While the assembly operations in China, along with the other foreign components should not be discounted, the totality of the circumstances determines our decision. The valves direct the flow of ink from the printer tubes into the nozzle deck so that it can be dispersed onto the printing substrate. The function of the solenoid valves remains the same after assembly into the finished valve deck. Therefore, it is the opinion of this office that the country of origin of the finished valve deck is Switzerland. 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 Anthony E. Grossi at anthony.e.grossi@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division