The country of origin of the Ableton “Move”

N347723 May 7, 2025 OT:RR:NC:N4:424 CATEGORY: Origin Anke Graefe Ableton AG Schoenhauser Allee Berlin, Germany 10119 RE: The country of origin of the Ableton “Move” Dear Anke Graefe: In your letter dated April 11, 2025, you requested a country of origin ruling. The article under consideration is identified as the Ableton “Move” which is described as a portable, stand-alone music instrument designed to give the user flexibility to create music on-the-go. The “Move” is used in the production of digital music. It has the ability to create sound electronically, amplified through the built-in speakers and with the use of a calibrated keypad with a polyphony function, and enables the user to create complex tones and sounds. The Ableton “Move” is used predominately in stand-alone mode but can operate in the tethered mode attached to a computer and in combination with Ableton Live software. The Ableton “Move” has a built-in Raspberry Pi compute module that enables “Move” to perform its functions. The Raspberry Pi runs the “Move” musical data processing software application allowing users to create music by providing an interface between “Move’s” hardware functions and the software. The product is powered by a power supply and “a rechargeable Lithium-ion battery. The battery allows the user to operate “Move” independently, without an external power source. Pre-installed instruments, effects, and samples help to produce and create music. The product features a built-in speaker and microphone to allow for free sampling and recording anywhere. In addition, Wi-Fi connectivity enables the user to transfer music sets to Ableton Live and Note (Ableton software app) with the Ableton Cloud and Move Manager. Ableton’s “Move” is constructed with two groups of components, namely electrical components consisting of printed circuit board assembly (PCBA) parts and mechanical components which are non-PCBA parts. The assembly and population of the PCBA will take place in Vietnam in a multi-step process, where the electrical components are attached to the bare circuit board using surface-mount technology (SMT) process. The PCBA holds all essential electronic components, which are responsible for the board’s main functions. After the PCBA population, the key electronic components are flashed with Ableton specific firmware and undergo various testing points to ensure functionality in Vietnam, and final PCBA component assembly is completed. After passing these tests, the units are shipped to China for mechanical product assembly and final testing. In China, a Wi-Fi module of Vietnamese origin is attached to the PCBA, an LCD display is mounted onto and connected to the PCBA, rubber buttons, silicone keypads with sensor foil and button mats are placed into the housing and button frames. The battery tray with battery and loudspeakers is assembled on top of and connected to the PCBA, and the aluminum bottom shell is placed to seal the unit. Further testing is performed to ensure that “Move’s” standalone functionality is working, and the casing is then sealed with screws and cleaned. The keypad is calibrated, and a final inspection is performed to ensure the Move unit is fully functional. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the United States 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 United States, the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940). Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” 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 the marking laws and regulations. A substantial transformation occurs when, as a result of the manufacturing process, a new and different article emerges, having a distinct name, character or use, which is different from that originally possessed by the article or material before being subjected to the manufacturing process. See United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940). Regarding the country of origin of the subject Move, in our view, the assembly of the main PCBA in Vietnam by soldering the individual components onto the bare board results in a substantial transformation of the components to produce the main PCBA of Vietnamese origin. Furthermore, it is the opinion of this office that the Ableton Move product is an electronic music instrument whose core functionality is delivered by a fully populated, programmed and tested PCBA module manufactured in Vietnam. The PCBA is the “brain” of the Move, enabling all functions for standalone music production, including generating audio, processing user inputs, and storing/running Ableton’s proprietary operating system (OS) and the Move software application. Vietnamese production operations are multi-step and complex, resulting in the transformation of a non-functional collection of electronic parts into the fully programmed and functional Move PCBA module. Without the PCBA, the device would be unable to perform its intended functions as an electronic musical instrument. 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 main PCBA of Vietnamese origin is not substantially transformed in China into a different article of commerce with a new name, character and use. Thus, the Ableton “Move” is considered a product of Vietnam for origin 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