The country of origin of an instant-read food thermometer

N321071 September 9, 2021 OT:RR:NC:N1:105 CATEGORY: Country of Origin Mrs. Anahi Czeszewski C.H. Robinson 1501 N. Mittel Blvd. Wood Dale, IL 60191 RE: The country of origin of an instant-read food thermometer Dear Mrs. Czeszewski: In your letter dated August 16, 2021, you requested a country of origin ruling determination on an instant-read food thermometer, on behalf of your client The Pampered Chef. The item under consideration is an instant-read food thermometer, model 100121, which features a probe that swivels and folds into the body of the thermometer. Also included is a second detachable corded probe that plugs into a receptable on the thermometer. The corded probe allows users to check the temperature of food such as meat inside an oven, while the LCD display stays safely outside the oven. The instant-read food thermometer contains a magnet so that it can be attached to either an oven door, refrigerator, or other ferrous surface. It also features a bottle opener and metal clip. In your request, you provided a description of the manufacturing process for the instant-read food thermometer. The thermocouple and thermocouple adapter, which are the probes used by the thermometer to determine the temperature, are produced in China. You state additional components including the printed circuit board assembly (“PCBA”), adaptor cover, battery, battery door O-ring, clip, clip spring, clip pad, display panel, gasket, LCD, lock, magnet, magnet cover, opener, power button, and screws, are also manufactured in China. Also, you state the proprietary firmware is designed and developed in China. The Chinese components are sent to Indonesia and assembled with Indonesian plastic components that form the instant-read food thermometer's body and housing. These include the battery cover, bottom cover, housing, stand, and top cover that are all produced in Indonesia using injection molding. In Indonesia, the PCBAs are assembled into a housing unit together with wiring and soldered into place. Next, the battery is inserted into the housing unit before the top and bottom housings are assembled and secured into place using seven screws. Afterward, the LCD overlay is placed, and pressure sensitive adhesive is squeegeed into the housing. Then, a separate plastic component containing the magnet is placed inside the housing and screwed into place. During the production process, product functioning testing is performed which includes visual inspections, wire inspections, dust removal, and temperature testing. Once the thermometer is fully assembled, it will undergo additional temperature testing using a thermostatic bath. Finally, the thermometer is packaged inside its retail box together with a user guide and the probe for the thermometer. With regard to your request for the appropriate country of origin of the thermometer, 19 C.F.R. § 134.1(b) provides in pertinent part: 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. As stated in HQ 735009, dated July 30, 1993, “The country of origin is the country where the article last underwent a ‘substantial transformation’, that is, processing which results in a change in the article's name, character, or use.” In addition, the court has held that “A substantial transformation occurs when an article emerges from a manufacturing process with a name, character, and use that differs from the original material subjected to the processing.” 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, all factors such as the components used to create the product and manufacturing processes that these components undergo are considered in order to determine whether a product with a new name, character, and use has been produced. No one factor is decisive. 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). Furthermore, courts have considered the nature of the assembly, i.e., whether it is a simple assembly or more complex, such that individual parts lose their separate identities and become integral parts of a new article. In this instance, it is this office’s opinion that the essence of the thermometer is established prior to leaving China. The Chinese-produced thermocouples, thermocouple adapters, and software provide the essence of the digital thermometer. These items are not substantially changed by either the addition of the Indonesian components or the minor assembly operations performed in Indonesia. Furthermore, the assembly operations are mere combining processes that are neither complex nor require advanced specialized skills. The Chinese-produced thermocouples, thermocouple adapters, and software contain the “enabling technology” that provides the essential operational elements for the digital thermometers to work. In view of these facts, the country of origin is China. In addition, the digital thermometers are subject to the Section 301 trade remedies as provided for under 9903.88.02, Harmonized Tariff Schedule of 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 Jason Christie at Jason.M.Christie@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division