The country of origin of handheld cable and antenna analyzers

N342626 October 2, 2024 OT:RR:NC:N1:105 CATEGORY: Origin Kenji IwaseNippon Express U.S.A., Inc.401 East Touhy Ave.Des Plaines, IL 60018RE:  The country of origin of handheld cable and antenna analyzers Dear Mr. Iwase: In your letter dated September 13, 2024, on behalf of your client, Bird Electronic Corporation, you requested a country of origin ruling on handheld cable and antenna analyzers. The items under consideration are described as battery-operated, handheld cable and antenna analyzers (model numbers SK-6000-TC and SK-4500-TC), which are devices designed to provide impedance and fault location measurements within a frequency range spanning from 1MHz to 6000MHZ (SK-6000-TC) and 1MHZ to 4500MHz (SK-4500-TC). The devices are utilized across many industries including cellular networks, broadcast, paging, and tactical military. In operation, the device is linked using the “N” RF connector on the instrument to the device under test using a precise cable assembly. Subsequently, the instrument will analyze the device under test and present the results on the integrated display. The devices are designed to test RF cables and antennas at the frequency of operation, locate RF cables, connectors and antenna problems at the source, assess the health of critical components in the system, and determine fault location or distance to fault (DTF) mode plots or return loss levels at each distance point along the cable and antenna system length. Additionally, the devices measure insertion loss of the cable system over a given frequency range and has an on-the-go USB communication port for connection to power sensors, storage devices, and battery charging. The devices measure 7.7 inches x 3.6 inches x 2.4 inches and weigh 1.98 pounds. The analyzers are constructed from various parts and sub-assemblies including the battery cover (which safeguards the battery pack), battery pack (Li-Ion cells equipped with an integrated safety module from which the unit draws power), bottom case (protective enclosure for the battery, RF measurement module, and Power/interface board), RF measurement module (initiates communication with the device undergoing testing and comprises integrated circuit modules enclosed within a sealed metal casing), power/interface board (serves multiple functions, such as battery charging, power distribution, and facilitating communication between the different modules within the analyzer), processing/display unit (serves as the interface for users, providing both display and data input functionalities, including processing the measurements), and top case (assembled onto the bottom case to enclose the processing and display module and safeguard the internal components). The components for both products are sourced from several countries including the United States (direct digital synthesis, digital signal processor, analog to digital converter, mixer, RF connector, digital integrated circuit, RF amplifier and linear regulator), Malaysia (RF transmit board, power board, label, stickers, packing material, USB thumb drive, soft pouch, stylus pen, and RF cable), China (battery, shielding, chamber kit, plastic parts, cable, capacitor, power adapter, and calibration kit), Japan (operational amplifier, radiator, sensor with digital interface kit, and inductor), and Taiwan (crystal resonator, capacitors, and resistors). In Malaysia, once the components are sourced and obtained, an incoming inspection is performed on the materials, with the product then ready to go into manufacturing. The manufacturing includes a five-step process before importation to the U.S., which includes obtaining the printed circuit board assemblies (PCBA), Radio Frequency Printed Circuit Board tuning, assembly (screwing and gluing the pieces together), programming (also to include calibration and testing) and finally labeling. The PCBA boards are created in a separate Malaysian factory using surface mount technology (SMT) to populate the boards utilizing materials listed above from various countries. The programming and calibration step transforms the PCBA boards from being used for any model to a specific model using a specific frequency. 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). In regard to the country of origin of the cable and antenna analyzers (model numbers SK-6000-TC and SK-4500-TC), it is our opinion that the assembly process performed in Malaysia is considered complex and results in a substantial transformation. The manufacturing involves an assembly process of over twenty different parts that do not have the ability to perform as analyzers prior to their manufacturing process. The PCBA boards (RF transmit board, power board, etc.) are all produced in Malaysia using a surface mount technology. This process incorporates many of the smaller parts that are shipped from other countries. While the assembly at the final processing facility involves mostly simple assembly, it is clear that the totality of work performed in Malaysia is complex, transforms the individual components, and generates a working analyzer. It is our opinion that this is a new and different article of commerce with a name, character, and use distinct from the individual components. Accordingly, the country of origin of the cable and antenna analyzers (model numbers SK-6000-TC and SK-4500-TC) for marking purposes will be Malaysia, which is where the article is manufactured. 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