The country of origin of fiber optic terminal boxes

N348743
May 21, 2025
OT:RR:NC:N2:212
CATEGORY: Origin Christina Leonard Sandler, Travis & Rosenberg, P.A. 675 Third Avenue, Suite 2425 New York, NY 10017 RE: The country of origin of fiber optic terminal boxes Dear Ms. Leonard: In your letter dated May 7, 2025, you requested a country of origin ruling on behalf of your client, Omelcom. The merchandise under consideration is described as five versions of a fiber optic terminal box, which are represented by model numbers CR431, CR432, CR433, CR434, and CR435. The subject devices consist of a fiber optic splitter assembly, which is comprised of a single fiber optic core split into multiple connection points, enclosed within a waterproof plastic box. The terminal boxes are used to provide fiber optic network connection within a commercial or private installation. In your request, you state that the manufacturing for all five models is the same and is completed in China. This process begins with the creation of the splitter assembly. U.S. originating optical fiber is imported into China on reels and then cut to length and jacketed with Chinese PVC. A splitter module is then assembled onto the fiber, splitting the fiber into multiple outputs. A connector is then assembled and glued onto the end of each output. This creates the finished splitter assembly. The splitter assembly is then assembled within the molded plastic box of Chinese-origin by clipping in the connectors and coiling the cable within. Various other smaller components are then added including holders, adapters, and cartridges. The finished terminal box is then packaged for shipment to the United States. When determining the country of origin for purposes of applying current trade remedies under Section 301 and additional duties, 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 origin of the subject terminal boxes, it is the opinion of this office that the splitter assembly, manufactured with U.S. optical fibers, imparts the character of the finished device. Further, the US originating optical fiber is the essential functional component of not just the splitter, but the finished terminal box. The assembly process performed in China is not significantly complex to transform the US components into a new and different article of commerce. As such, based on the facts presented, the origin of the fiber optic terminal boxes, part numbers CR431, CR432, CR433, CR434, and CR435 is the United States. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the USA. 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 Luke LePage at [email protected].
Sincerely,
(for) Steven A. Mack Director National Commodity Specialist Division