The country of origin of diodes

N347292 April 8, 2025 OT:RR:NC:N2:209 CATEGORY: Origin Mandy Yu Skyworks Solutions, Inc. 5260 California Avenue Irvine, CA 92617 RE: The country of origin of diodes Dear Ms. Yu: In your letter dated April 1, 2025, you requested a country of origin ruling on various diodes. The items concerned are “Surface-Mount Mixer/Detector Schottky Diodes” (product codes SMSA7630-993LF and SMSA3923-011LF) and “Surface-Mount Silicon Varactor Diode” (product code SMVA1400-611LF). The SMSA7630-993LF and the SMSA3923-011LF surface-mountable, plastic-packaged silicon Schottky diodes are designed for low-power and low-noise signal detection in automotive applications including microwave mixers and detectors. The SMVA1400-611LF surface-mountable, plastic-packaged silicon varactor diode is designed for use in automotive applications, such as voltage-controlled oscillators, to tune signals to the right frequency, and in Phase-Locked Loops for RF signal stabilization. Each diode undergoes a front-end and back-end manufacturing processing. The front-end manufacturing processes take place in the United States and consist of altering a raw wafer or substrate with the following processes: Oxide/Nitride/Metal deposition Photolithography Etching Metal deposition Wafer thinning Manual and on-wafer (die) testing Automated visual inspection The back-end manufacturing processes take place in China and consist of the following steps: Multiple quality check/inspection/testing stages Verifying the device information in the assembly instruction matches the material (wafer) being assembled Wafer mounting Sawing into individual die Die packaging Multiple baking/curing stages Wire bonding the diode contacts to the lead frame of the end device package Molding/encapsulating Removing excess material Backside marking (for SMVA1400-611LF and SMSA3923-011LF) Plating Forming The front-end manufacturing processing, particularly wafer fabrication steps like oxide/nitride/metal deposition, etching, and photolithography are key steps to make each diode functional. Once the front-end manufacturing process is complete, the diode has all the necessary elements to function as intended. The basic functionality of the diodes is not dependent upon the back-end manufacturing process. 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). Based upon the facts presented, it is the opinion of this office that the front-end processing that takes place in the United States is both meaningful and complex, resulting in the creation of wafers which incorporate numerous finished diode chips/die. The character of the finished/packaged diodes is imparted by the diode chip/die (which was formed on the wafer). The diode chip/die would be considered the dominant component. The diode chips/die do not undergo a substantial transformation as a result of the back-end processing that takes place in China. They retain their identity and predetermined end use which was established as a result of the front-end processing. Therefore, since a substantial transformation does not occur as a result of the back-end processing that takes place in China, the country of origin of the “Surface-Mount Mixer/Detector Schottky Diodes” (product codes SMSA7630-993LF and SMSA3923-011LF) and the “Surface-Mount Silicon Varactor Diode” (product code SMVA1400-611LF), will be the United States. As such, the Section 301 trade remedies would not be applicable. It should be noted that when the country of origin is the United States, products would not be required to have any country of origin marking pursuant to 19 U.S.C. 1304 when imported into the United States. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting United States origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S. 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 Steven Pollichino at steven.pollichino@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division