The country of origin of the huupe smart mini basketball hoop game console

N346911 April 2, 2025 OT:RR:NC:N4:424 CATEGORY: Origin David Forgue Barnes, Richardson & Colburn, LLP 303 East Wacker Drive, Suite 305 Chicago, IL 60601 RE: The country of origin of the huupe smart mini basketball hoop game console Dear Mr. Forgue: In your letter dated March 18, 2025, you requested a country of origin ruling on behalf of your client, huupe, Inc. The article under consideration is identified as the huupe mini. The mini is an indoor smart mini basketball hoop game console. It measures 22 inches wide by 17 inches tall and 1.5 inches deep. The basketball hoop game console mounts over the top of a household or office door. The article consists of a plastic enclosure having a main printed circuit board assembly, radar printed circuit board assembly, lidar printed board assembly, LED indicator, display, electrical cables and battery. The huupe mini features shot tracking, distance tracking, battle royale mode, daily prize challenges, and an HDMI input. The printed circuit board assemblies (“PCBAs”) control the game console function of the huupe mini basketball game. The huupe mini incorporates three PCBAs. One is the main PCBA, which controls all subsystems and processes all data received from the other two PCBAs. The main PCBA contains the memory required to operate the console and provides the signals necessary for the operation of the liquid crystal game display. It also regulates the power and battery safety for the console. A second PCBA controls the radar board and is used to detect, locate and confirm when a shot occurs. Finally, a third PCBA is responsible for the rim sensor functions. Together these three PCBAs allow the console to function. In your letter, you state that the PCBAs for the huupe minis under consideration are produced in Malaysia by surface mount/through-hole insertion soldering of various electronic components, such as resistors, capacitors, transformers, diodes, triodes, and integrated circuits, etc., onto a bare printed circuit board. Also in Malaysia, the PCBAs are loaded with firmware and tested prior to being sent to China. In China, the main PCBAs are assembled with the balance of parts and components that are all of Chinese origin, which include plastic housings, electrical cables, connectors, labels, etc., by inserting, gluing, screwing, and soldering. Once assembled in China, the products are tested and packaged for export. 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. 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 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 country of origin of the subject huupe minis, in our view, the assembly of the PCBAs in Malaysia by soldering the individual components onto the bare board results in a substantial transformation of the components to produce PCBAs of Malaysian origin. Furthermore, it is the opinion of this office that the PCBAs, which function to process data, provide memory for the console, operate the liquid crystal game console display, and regulate power and battery safety for the console establishes the essential character of the huupe mini. In our view, the assembly processes performed in China, which consists of inserting, attaching, screwing, etc., are not complex and are considered basic assembly. As a result, we find that the Malaysian origin PCBAs are not substantially transformed in China into different articles of commerce with new names, characters, and uses. Thus, the huupe minis are considered products of Malaysia for origin and marking purposes 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 Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division