The country of origin of the Ableton Push 3 standalone musical instrument

N351963 August 22, 2025 OT:RR:NC:N4:410 CATEGORY: Origin Anke Graefe Ableton AG Schoenhauser Allee 6-7 Berlin 10119 Germany RE: The country of origin of the Ableton Push 3 standalone musical instrument Dear Ms. Graefe: In your letter dated August 4, 2025, you requested a country of origin ruling. The article under consideration is identified as the Ableton Push 3 Standalone, which is described as an electronic portable, stand-alone music instrument designed to give the user flexibility to create electronic music on-the-go. Standalone is used in the production of digital music. It has the ability to create complex sounds and tones electronically, with the use of calibrated keypads fitted with multi-expressive characteristics. The Push 3 Standalone is used predominately in the stand-alone mode, but can operate in the Tethered mode attached to a computer and in combination with Ableton Live software. The Push 3 Standalone has a built-in CPU module that enables Push 3 Standalone to perform its standalone functions. The processor module runs the Push 3 musical data processing software application (Ableton OS/Live on Linux) allowing users to create music by providing an interface between Push 3 Standalone hardware functions and the software. Push 3 Standalone is powered by a power supply and a rechargeable Lithium Ion battery. The battery allows the user to operate the device independently, without an external power source. Pre-installed instruments, effects and samples help to produce and create music. In addition, Wi-Fi connectivity enables the user to transfer music sets to Ableton Live and Note (Ableton software app) with the Ableton Cloud. It includes a MIDI control interface. This allows the user to connect and control other devices and vice versa. The Push 3 Standalone 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 PCBAs 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 PCBAs holds all essential electronic components, which are responsible for the board’s main functions. Subsequent to 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, the mechanical product assembly (final assembly) will take place. It includes the integration of the Vietnamese sub-assembled components into the aluminum and plastic casing. Various buttons (silicone keypad, plastic buttons, knobs, potentiometers, and switches) are screwed onto the device and the display attached. Further testing will be performed to ensure the unit is fully functional. 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 country of origin of the subject Ableton Push 3 Standalone, in our view, the assembly of the PCBAs in Vietnam by soldering the individual components onto the bare boards results in a substantial transformation of the components to produce the PCBAs of Vietnamese origin. Furthermore, it is the opinion of this office that the Ableton Push 3 Standalone 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 Ableton Push 3 Standalone, enabling all functions for standalone music production, including generating audio, processing user inputs, and storing/running Ableton’s proprietary operating system (OS) and the Ableton Push 3 Standalone 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 Ableton Push 3 Standalone 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 “Ableton Push 3 Standalone” 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 Michael Chen at michael.w.chen@cbp.dhs.gov. Sincerely, James Forkan Acting Director National Commodity Specialist Division Sincerely, (for) Denise Faingar Acting Director National Commodity Specialist Division