The country of origin of a television broadcast antenna

N335993 November 8, 2023 OT:RR:NC:N2:208 CATEGORY: Origin Christopher LaVenture Jasco Product Company 10 E Memorial RdOklahoma City, OK  73114 RE:  The country of origin of a television broadcast antenna Dear Mr. LaVenture: In your letter dated October 19, 2023, you requested a country of origin ruling on a television broadcast antenna. The merchandise under consideration is the Indoor ONN Modern Loop Antenna, item number 100008787.  This antenna is used for over-the-air, high-definition television broadcasts. Based on the information provided, the bare printed circuit boards (PCB) are made in China and sent to a third-party Surface Mount Technology (SMT) facility in Taiwan. The chip caps and inductors are sourced in Taiwan.  The entire SMT process is performed in Taiwan. This process is used to place and solder (electrically connect) the components to the PCB, forming a printed circuit board assembly (PCBA). Moreover, the antenna is assembled in Taiwan by soldering the cable (TPG) and the UHF cable to the PCB, utilizing specialized jigs to hold the PCB still.  Then, the two dipoles are attached to the PCB by two screws.  Next, the internal components are enclosed in the Chinese front and rear shells, and the Chinese rubber feet are attached.  Lastly, they are visually inspected and packaged for exportation. 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). Based on the facts presented in the proposed scenarios, it is our opinion that the PCBAs that are manufactured in Taiwan impart the dominant character of the finished antenna.  The complex SMT manufacturing production of the PCBA involves the placement and soldering of numerous individual components onto bare PCBs, thereby creating a functional PCBA, which results in a substantial transformation.  Accordingly, the Indoor ONN Modern Loop Antenna is considered a product of Taiwan at the 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 Lisa Cariello at lisa.a.cariello@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division