10 newer rulings cite the same tariff codes.
Classification can shift over time. Review the more recent rulings below before relying on this one.
Country of origin marking of insulated electric conductors; substantial transformation; 19 CFR 134.35(a)
Issued June 21, 1999 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboard56 561392 (June 21, 1999)
Tariff classification
Product description
The imported article is an insulated electric conductor which is an electrical cable with pin connectors at each end used to connect computers to printers or other peripheral devices. The cable and connectors are made in Taiwan. In China, the cable is cut to length and the connectors are attached to the cable.
CBP rationale
Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, provides that unless excepted, every article of foreign origin 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. 1304. Section 134.1(b), Customs 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 U.S. 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. For country of origin marking purposes, a substantial transformation of an imported article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the imported article. If the manufacturing or combining process is a minor one which leaves the identity of the imported article intact, a substantial transformation has not occurred and an appropriate marking must appear on the imported article so that the consumer can know the country of origin. See Uniroyal Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026 (CIT 1982). Assembly operations which are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. See C.S.D. 80-111, C.S.D. 85-25, and C.S.D. 90-97. In Headquarters Ruling Letter (“HRL”) 560214, dated September 3, 1997, Customs held that where wire rope cable was cut to length, sliding hooks were put on the rope, and end ferrules were swaged on in the U.S., the wire rope cable was not substantially transformed. Customs concluded that the wire rope maintains its character and does not lose its identity and become an integral part of a new article when attached with the hardware. In HRL 555774, dated December 10, 1990, Japanese -3- wire cut to length and electrical connectors crimped onto the ends of the wire was not a substantial transformation. In HRL 557253, dated May 11, 1994, Customs held that the assembly of coaxial electrical connector cables with connectors was not a second substantial transformation. In this case, it is our opinion that the cutting of the cable to length and assembly of the cable to the connectors in China does not result in a substantial transformation. Therefore, pursuant to 19 CFR 134.1(b), the country of origin of the imported cable with the electric conductors will be Taiwan.
Full text
HQ 561392 June 21, 1999 MAR-2 RR:CR:SM 561392 KSG CATEGORY: Marking Jay Fisher Materials Manager Interex 8447 E. 35th St. N. Wichita, Kansas 67226-1344 RE: Country of origin marking of insulated electric conductors; substantial transformation; 19 CFR 134.35(a) Dear Mr. Fisher: This is in response to your letter dated April 12, 1999, requesting a country of origin marking ruling regarding imported insulated electric conductors. A sample was submitted for our examination. FACTS: The imported article is an insulated electric conductor which is an electrical cable with pin connectors at each end used to connect computers to printers or other peripheral devices. The cable and connectors are made in Taiwan. In China, the cable is cut to length and the connectors are attached to the cable. ISSUE: What is the country of origin of the imported electric conductors? -2- LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, provides that unless excepted, every article of foreign origin 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. 1304. Section 134.1(b), Customs 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 U.S. 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. For country of origin marking purposes, a substantial transformation of an imported article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the imported article. If the manufacturing or combining process is a minor one which leaves the identity of the imported article intact, a substantial transformation has not occurred and an appropriate marking must appear on the imported article so that the consumer can know the country of origin. See Uniroyal Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026 (CIT 1982). Assembly operations which are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. See C.S.D. 80-111, C.S.D. 85-25, and C.S.D. 90-97. In Headquarters Ruling Letter (“HRL”) 560214, dated September 3, 1997, Customs held that where wire rope cable was cut to length, sliding hooks were put on the rope, and end ferrules were swaged on in the U.S., the wire rope cable was not substantially transformed. Customs concluded that the wire rope maintains its character and does not lose its identity and become an integral part of a new article when attached with the hardware. In HRL 555774, dated December 10, 1990, Japanese -3- wire cut to length and electrical connectors crimped onto the ends of the wire was not a substantial transformation. In HRL 557253, dated May 11, 1994, Customs held that the assembly of coaxial electrical connector cables with connectors was not a second substantial transformation. In this case, it is our opinion that the cutting of the cable to length and assembly of the cable to the connectors in China does not result in a substantial transformation. Therefore, pursuant to 19 CFR 134.1(b), the country of origin of the imported cable with the electric conductors will be Taiwan. HOLDING: The cutting of the cable to length and assembly of the cable to the connectors in China does not result in a substantial transformation. Therefore, pursuant to 19 CFR 134.1(b), the country of origin of the imported electric conductors will be Taiwan. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John Durant, Director Commercial Rulings Division
Ruling history
Substantial transformation of Japanese wire by cutting to length and crimping operations performed in the U.S.19 CFR 10.12(e); 19 CFR 10.14(b); 055526; 067824; 723135; 731953; Anheuser-Bush; Timex; Superior Wire; National Juice
Eligibility of coaxial electrical connector cables for duty-free treatment under the CBERA and U.S. Note 2(b)
More rulings on the same tariff codes
The country of origin of Zonisamide Capsules, USP in dosage form
The country of origin of a fan assembly
The country of origin of a 30-Inch Extendable Fire Poker
The country of origin of three oven lamps
The country of origin of Norethindrone Acetate Tablets
The country of origin of an 18" Indexing Flat Pry Bar
The country of origin of an Electronic Shelf Label
The country of origin of a single-use, medical tubing set.
The country of origin of a steering knuckle assembly
The country of origin of a garden cart
Follow 561392
Get an email if this ruling is revoked or modified, or a newer ruling supersedes it.
One email per day at most. Confirm your address once, unsubscribe anytime.
Searching CBP rulings the smart way
Rulings are precedent. See which ones apply to your product: TariffLens semantically searches all 200,000+ CBP rulings and builds defensible classifications backed by ruling citations.