The country of origin of position sensors

N344808 January 10, 2025 OT:RR:NC:N2:212 CATEGORY: Origin Christine Cai Aborn Automotive Sensor (Thailand) CO. LTD. 475/5 Moo 7, T. Klong Kiew,A. Ban BuengThailand RE:  The country of origin of position sensors Dear Ms. Cai: In your letter dated December 21, 2024, you requested a country of origin ruling. There are two items at issue with this request, which are each described as crankshaft/camshaft position sensors and identified by part numbers 20030574 and 20030561. These devices are comprised of a Hall Effect sensor integrated circuit (IC) within a plastic housing with a connection point at one end. You state that the devices are used within the engine compartment of a vehicle and provide position and speed of the camshaft and crankshaft of the vehicle. This information is gathered by the Electronic Control Unit (ECU) of the vehicle for interpretation. The devices function as a transducer by creating a magnetic field that, when broken by the presence of a metal object (i.e. the engine part), creates and electrical signal that is then sent to the ECU. We note that we previously ruled upon these specific part numbers under ruling letter N343950. However, you state that the manufacturing process has changed and is represented in the following description. In your request, you state that the manufacturing and assembly process is virtually identical for both items and occurs primarily in Thailand. For both parts, the Hall Effect IC, which originates in Thailand, is attached to a Printed Circuit Board (PCB). Based on the information provided, this connection process includes bending the contacts and soldering them to the PCB. The PCB does not contain any other active elements and is only used as a connection point. The various plastic parts, which originate from Thailand and China, are then assembled around the sensor and the finished device is inspected and packaged for shipment to the U.S.   When determining the country of origin, 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 sensors, it is the opinion of this office that the Hall Effect IC sensor imparts the character of the finished device as it provides the essential function of the device. Further, no foreign components are added that are critical to the function of the device through the process performed in Thailand. Based upon the facts presented, the country of origin of the crankshaft/camshaft position sensors, part numbers 20030574 and 20030561, will be Thailand. 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