The country of origin of a wireless charger

N333268 June 22, 2023 OT:RR:NC:N2:220 CATEGORY: Origin Hye Yeon Lee Spigen Inc. 9975 Toledo Way, Suite 100 Irvine, CA  92618 RE:      The country of origin of a wireless charger Dear Ms. Lee: In your letter dated June 01, 2023, you requested a country of origin ruling. The merchandise under consideration is referred to as the ArcField Wireless Charger (Wireless Charger), Model Number PF2200, which is described as an inductive type charger consisting of a plastic molded housing that incorporates a magnetic charging module.  The Wireless Charger also has a permanently affixed electrical cable with a USB Type C connector on the end with an integrated printed circuit board assembly (PCBA).  In use, the Wireless Charger is plugged into a USB socket to receive power and a user’s personal electronic device is wirelessly charged by placing it in alignment with the internal charging module.  We would note that the retail packaging does not include a power adapter or other rectifying apparatus. In your submission, you state that the charging module, the housing, the electrical cable, the PCBA, and the connector are sourced from China.  The assembly process occurs in Vietnam by attaching the PCBA to the cable, inserting the magnetic charging module into the plastic housing, and soldering the individual cable wires to produce a functional charger.  The Wireless Charger is tested and packaged for retail sale. 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 operations performed in Vietnam, which consists of inserting the magnetic charging module and soldering the wires, are neither complex nor do they substantially transform the articles being assembled.  Further, it is the opinion of this office that the magnetic charging module establishes the function of the device because it is the article within the assembly that is performing the inductive charging.  Therefore, based upon the facts presented, the ArcField Wireless Charger, Model Number PF2200, is considered a product of China for origin and marking purposes at time of importation into the United States. 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 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