The country of origin of ultraviolet disinfecting lights

N325407 April 26, 2022 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Origin Christine Hintze Arent Fox LLP 1301 Avenue of the Americas New York, NY 10019 RE: The country of origin of ultraviolet disinfecting lights Dear Ms. Hintze: In your letter dated April 11, 2022, you requested a country of origin ruling on behalf of your client, Christie Digital Systems USA, Inc. The merchandise under consideration is identified as the Christie CounterAct, which is described as a commercial ultraviolet (UV) light disinfecting fixture. The unit is comprised of multiple UV lights and optical filters enclosed within a housing with a printed circuit board assembly (PCBA) as well as other electronic components. You state that the unit is meant to be placed within a traditional, indoor commercial lighting fixture. When turned on, the UV light will pass through the filter to protect individual’s eyes and skin from potentially harmful UV wavelengths while deactivating pathogens in the immediate area. In your request, you state that the manufacturing process begins in Japan with the creation of the Krypton Chloride excimer bulbs through various steps including cutting the glass tubes to size as well as annealing and sealing the UV lamp bulb. Four of these bulbs are assembled into individual housings and combined with a reflective plate within a metal holder. Next, the optical filter and diffuser plate are layered with additional protective elements. These two subassemblies are then arranged within a plastic housing and combined with an LED board and various other electrical components. This process creates what you refer to as a lamp module. The lamp module is then sent to China for final processing. In China, a plastic cover is added as well as an LED strip that provides a visual indication of whether the unit is on or off. Finally, a PCBA is added through the bottom cover of the lamp. You state that the PCBA only facilitates the flow of electricity in order to turn the unit on and off and does not control operations or functionality. The “country of origin” is defined in 19 CFR 134.1(b), in pertinent part, 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.” For tariff purposes, 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). Based upon the information provided in this case, it is the opinion of this office that the lamp module manufactured in Japan is not substantially transformed into a new and different article of commerce by the processes completed in China. The Chinese procedures are simple in nature and do not fundamentally change the imported module. Further, in our view, the Japanese lamp module is considered the essential functional component of the finished device. As such, the country of origin of the Christie CounterAct device is Japan. 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 Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division