The country of origin of circuit breakers

N343328 November 1, 2024 OT:RR:NC:N2:220 CATEGORY: Origin Steven Zisser Zisser Customs Law Group 9355 Airway Rd San Diego, CA  92154 RE:      The country of origin of circuit breakers Dear Mr. Zisser: In your letter dated October 15, 2024, you requested a country of origin ruling on behalf of your client, Hongfa America, Inc. The first item under consideration is referred to as the Single Pole Breaker, which is described as a conventional circuit breaker that uses thermal and magnetic tripping mechanisms to detect current overloading or short circuits in 120 V circuits and automatically stops the flow of electricity.  The Single Pole Breaker consists of a plastic molded housing that incorporates the trip unit, the arc extinguisher, the operator, and electrical contacts/terminals. The second item under consideration is referred to as the Double Pole Breaker, which is described as a conventional circuit breaker that uses thermal and magnetic tripping mechanisms to detect current overloading or short circuits and automatically stops the flow of electricity but contains two single pole breakers working in unison for 240 V applications.  The Double Pole Breaker consists of a plastic molded housing that incorporates the trip unit, the arc extinguisher, the operator, and electrical contacts/terminals. The third item under consideration is referred to as the Two-Pole Main Breaker, which is described as a circuit breaker that can disconnect an entire home's electrical system by providing overcurrent and short circuit protection using thermal and magnetic mechanisms.  The Two-Pole Main Breaker consists of a plastic molded housing that incorporates the trip unit, the arc extinguisher, the operator, and electrical contacts/terminals. In your letter, you request a country of origin determination based on the assembly of the individual components in China.  You state that for the three variations of circuit breakers, the trip units are comprised of components, such as the bimetal strip, the current coil, the armature (in the case of the Two-Pole Main Breaker), and springs/screws, which are sourced from India.  Also sourced from India is the arc extinguisher.  From China, you state that the plastic molded housing, the operating mechanism, and the electrical contacts/terminals are sourced. 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 subject circuit breakers, in our view the assembly operations performed in China, which consists mainly of inserting the components into a plastic housing, are neither complex nor do they substantially transform the articles being assembled. Further, it is the opinion of this office that the Indian origin trip unit and arc extinguisher components establish the function of the device because they are the articles within the assembly that are performing the thermal and magnetic tripping of the electrical circuit.  Therefore, based upon the facts presented, the Single Pole Breaker, the Double Pole Breaker, and the Two-Pole Main Breaker are considered products of India for origin and marking purposes 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division