The country of origin of pressure sensors

N335213 October 5, 2023 OT:RR:NC:N1:105 CATEGORY: Origin Aaron MarxCrowell & Moring LLP1001 Pennsylvania Ave NWWashington, DC 20004 RE:  The country of origin of pressure sensors Dear Mr. Marx: In your letter dated September 8, 2023, on behalf of your client, Therm-O-Disc, Inc., you requested a country of origin ruling on pressure sensors. The items under consideration are described as an Industrial Pressure Sensor (Item No. 50P10A5V10000, imported with and without a cable), a Transportation Engine Air Pressure Sensor (Item No. 50P00D5V10001), and a Transportation Cabin Air Pressure Sensor (Item No. 50P00D5V10002). The industrial and transportation pressure sensors are components used to monitor, for example, refrigerant pressure in commercial, residential and automotive air conditioning systems. The connectors on the engine and cabin sensors are color coded to differentiate engine air from cabin air applications. All three pressure sensors are comprised of a silicon micro-electromechanical system (MEMS) piezoresistive transducer, mounted in a protective housing, with electronics designed to convert the raw pressure transducer signal into an analog or digital output. The MEMS is combined with a printed circuit board (PCB) and an application-specific integrated circuit (ASIC) die to create a core printed circuit board assembly (PCBA). The remaining components include a plastic connector, epoxy, O-ring, insulator, solder and a shell. In Thailand, the core of the pressure sensor is produced through a surface mount technology (SMT) process. A PCB from Thailand is combined with the United States origin MEMS pressure die and Taiwanese ASIC. The newly constructed PCBA then undergoes tests to ensure the device can properly measure the pressure. Once these items are combined on the PCBA they produce a functional pressure sensor. The supplier in Thailand then ships the Core to China for further manufacturing before being imported into the United States. In China, the core is manually placed into a Chinese plastic connector. The terminals of the core are soldered, and a Japanese epoxy sealant is applied around the MEMS of the core. A Chinese O-Ring is placed in the groove of a metal shell with gel. The shell and the connector are crimped together. Finally, the Japanese sealant is applied to the shell and connector. The pressure sensors are then inspected and packed for import into the United States. With regard to the origin of the pressure sensors, 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 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 facts presented, it is the opinion of this office that the PCBA surface mount technology assembly process, which includes the installation of the MEMS and ASIC on a PCB to construct a completed core PCBA, results in a substantial transformation of the components from Thailand, Taiwan and the United States. While the MEMS provides the pressure sensing ability, it is only after the MEMS is added with the PCB board and ASIC chip that it has the ability to measure. Therefore, it is the opinion of this office, that the printed circuit board assembly provides the essential component of the pressure sensors. Accordingly, we find that the components that make up the pressure sensors are transformed in Thailand, which is where the surface mount technology takes place, to generate functional PCBAs. The additional assembly in China is considered simple assembly and does not change the character and use of the products. Thailand is where the individual components turn into a new and different article of commerce with a name, character, and use distinct from the articles exported. Thus, for origin and marking purposes, the industrial pressure sensor (Item No. 50P10A5V10000, imported with and without a cable), the transportation engine air pressure sensor (Item No. 50P00D5V10001), and the transportation cabin air pressure sensor (Item No. 50P00D5V10002) are considered products of Thailand at time of importation into the United States. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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 Jason Christie at jason.m.christie@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division