The country of origin of a charging cable

N331900 April 14, 2023 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Country of Origin Jane Lee D and S Industries (Philippines) Corporation Unit 1-5 of Orient Goldcrest Suntrust Ecotown Building 2CavitePhilippines RE: The country of origin of a charging cable Dear Ms. Lee: In your letter dated March 31, 2023, you requested a country of origin ruling. The merchandise under consideration, identified by model number D01, is described as a 4-foot A to Lightning cable. The cable consists of a 4-foot length of insulated cable affixed at one end with a USB-A connector and a lightning-style connector at the other.  The subject cable is used to connect and charge a variety of mobile devices to host units and charging stations. You state that the manufacturing process is fully completed in the Philippines. This process begins with bulk wire conductor being extruded, twisted, braided, jacketed, and insulated prior to being cut to the desired length. The ends are then prepared for the addition of Taiwanese connectors. The connectors are soldered and assembled onto each end before the cables are tested and packaged for shipment to the United States. 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). Regarding the country of origin of the subject cables, it is our opinion that the Philippines originating conductor imparts the character of the finished article as it is the essential component of the cable. The addition of the Taiwanese origin connectors does not substantially transform the cable into a new and different article of commerce with a name, character, and use distinct from the individual components. Based upon the facts presented, it is the opinion of this office that the origin of the A to Lightning cable, model number D01, is the Philippines. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection.  If you are an authorized importer of the product, we recommend notifying your local Customs office prior to importation. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division