The country of origin of sleep headbands

N344252 December 12, 2024 OT:RR:NC:N2:212 CATEGORY: Origin Lisa Murrin Expeditors Tradewin LLC 795 Jubilee DrivePeabody, MA  01960 RE:  The country of origin of sleep headbands Dear Ms. Murrin: In your letter dated November 25, 2024, you requested a country of origin ruling on behalf of your client Elemind Technologies, Inc. The merchandise under consideration is identified as the Elemind Neurotech Headband, which is described as a wearable device designed to measure and enhance the sleep quality of the user. The subject device consists of an adjustable cloth headband containing various sensors as well as printed circuit board assemblies (PCBAs). In use, the device is worn on the user’s head. The sensors measure the brainwaves using electroencephalogram (EEG) technology. This measurement is calculated by the incorporated PCBAs and, when necessary, a sound pulse is generated in order to induce and enhance deeper sleep. Additionally, the subject device incorporates Bluetooth connectivity to the user’s smart device, allowing for control as well as the viewing of sleep data. In your request, you state that the manufacturing process begins in Malaysia with the creation of the two PCBAs via surface mount technology (SMT). This process includes the addition of the primary microcontrollers and processors that perform the primary analysis and control of the finished device. The finished PCBAs are then sent to China. In China, the foam headband is created and a flexible printed circuit (FPC) connector is added. The EEG electrodes are connected to the FPC before the two PCBAs are added within a plastic housing on the front of the device. A battery is then added and the finished device is tested and packaged for shipment to the U.S. When determining the country of origin for purposes of applying current trade remedies under Section 301, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. 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, 681 F.2d 778 (C.C.P.A. 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 origin of the subject device, it is the opinion of this office that the two PCBAs containing the controllers and processors impart the character of the finished device. These items perform the essential functions of the headband and their end use is predetermined upon exportation from Malaysia. Further, the assembly process performed in China does not substantially transform the PCBAs into new and different articles of commerce. Based upon the facts presented, the origin of the Elemind Neurotech Headband will be Malaysia. 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 Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division