The country of origin of a thermistor

N361252May 20, 2026OT:RR:NC:N2:209
CATEGORY: OriginLong ChenThai Jiuzhou Electron Co. Ltd.88/152 Moo 15 Bangsaotong Sub-DistrictBangsaotong 10570ThailandRE: The country of origin of a thermistorDear Mr. Chen:In your letter dated
May 4, 2026
, you requested a country of origin ruling on a thermistor. Descriptiveliterature was provided for our review.The item under consideration is described as a thermistor (part number 265D4224G003), which is atemperature sensing device used inside household dishwashing machines. The dishwasher uses the resistanceand B value of the negative temperature coefficient (NTC) resistor (measured in ohm) to translate thetemperature of the water. The thermistor is assembled at the bottom of dishwasher where water contacts thehousing and relays the information to the connected external board in the dishwasher via a wire harness. Inoperation, the printed circuit board (PCB) inside the thermistor absorbs the heat and delivers it to NTCresistor to get the resistance valve, which is calibrated by PCB design, to meet the actual temperature level ofwater outside of the housing.The thermistor is constructed of components from both China and Thailand. For scenario one, the Thailandcomponents include the housing, printed circuit board assembly (PCBA), and cover, while the O-ring is fromChina. For scenario two, the PCBA is from Thailand while the O-ring, cover and housing are from China.For scenario one, the manufacturing process begins in Thailand with the construction of the PCBA, which ismade via surface mount technology (SMT). During the process, the NTC resistor from Taiwan ispermanently connected to the PCBA. Then, Chinese-origin polypropylene (PP) plastic pellets are melted andmolded to create the housing and PA66 plastic pellets are melted to mold the cover.For scenario two, the manufacturing process also begins with the construction of the PCBA (includingpermanently affixing the NTC) in Thailand. However, the next step, where the PP plastic pellets are meltedto mold the housing and the PA66 is melted to mold the cover, occurs in China.
The final assembly for both scenarios occurs in Thailand. This includes the collection of the raw materials,assembly of the housing with the PCBA, assembly of the cover, attaching the O-ring, and then conductingfinal testing and packaging.When determining the country of origin for purposes of applying current trade remedies under Section 301and additional duties, the substantial transformation analysis is applicable. See, e.g., Headquarters RulingLetter H301619, dated November 6, 2018. The test for determining whether a substantial transformation willoccur is whether an article emerges from a process with a new name, character, or use different from thatpossessed 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).Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, everyarticle 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 toindicate to the ultimate purchaser in the United States, the English name of the country of origin of thearticle. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able toknow 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, byknowing where the goods were produced, be able to buy or refuse to buy them, if such marking shouldinfluence his will.” See United States v. Friedlaender & 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 thecountry of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBPRegulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, orgrowth of any article of foreign origin entering the United States. Further work or material added to an articlein another country must effect a substantial transformation in order to render such other country the “countryof origin” within the meaning of the marking laws and regulations.In this instance, for both scenario one and two, the Thailand-produced PCBA, which contains the NTCresistor, would be considered the dominant component. The creation of the PCBA using SMT provides theactive electrical attributes to the finished article, providing the articles essence. Additionally, the finalassembly, while fairly simple, is also performed in Thailand. The O-ring, housing and cover simply providethe necessary protection needed for the device but do not provide the enabling technology that provides theessential operational elements for the thermistor to work. In view of these facts, the country of origin forfor both scenario one and two is Thailand.marking and trade remedies The holding set forth above applies only to the specific factual situation and merchandise description asidentified 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 theinformation furnished in the ruling letter, whether directly, by reference, or by implication, is accurate andcomplete in every material respect. In the event that the facts are modified in any way, or if the goods do notconform to these facts at time of importation, you should bring this to the attention of U.S. Customs andBorder 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 periodicverification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border ProtectionRegulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, please contactNational Import Specialist Steven Pollichino at [email protected].
Sincerely,
(for)James P. ForkanDirectorNational Commodity Specialist Division