CBP Finds China, Taiwan Are Countries of Origin for Pocket Projectors
U.S. Customs and Border Protection has issued a final determination concerning the country of origin of certain pocket projectors for photos and videos.1 CBP has determined that either China or Taiwan, depending on the manufacturing scenario, is the country of origin of the pocket projectors for purposes of U.S. Government procurement.
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The final determination was issued at the request of “a U.S. importer.”
(CBP issues country of origin advisory rulings and final determinations on whether an article is or would be a product of a designated country or instrumentality for the purpose of granting waivers of certain ‘‘Buy American’’ restrictions in U.S. law or practice for products offered for sale to the U.S. government.)
One Manufacturing Scenario Takes Place in China & Taiwan, Another in Taiwan
CBP was asked to consider the following two manufacturing scenarios:
In the first, printed circuit board assembly integrated circuits (PCBA--ICs) from Japan, Thailand, the U.S., Korea, and Malaysia, along with fly eyes from Japan would be shipped to China. Some Taiwanese origin components (DMDs, DPP 1505 chips, EEPROMs, LEDs, and lenses) would also be shipped to China to be assembled with Chinese-origin components (PCBs, projecting lenses, mirrors, and mechanical parts), the ICs, and fly eyes to make modules for the light engine and the PCBA main board. In China, Taiwanese firmware for operating the projector would also be downloaded. The modules assembled in China would then be shipped to Taiwan where they would undergo quality inspections, final assembly, testing, and packaging.
Under the second scenario, the PCBA--ICs from Japan, Thailand, the U.S., Korea, and Malaysia, and fly eyes from Japan would be shipped to Taiwan. The assembly and programming operations described in the first scenario would all be performed in Taiwan using parts of the same origin as described above. The inspection, final assembly, testing and packaging would also take place in Taiwan.
CBP Says Origin is Where Essence of Projector Was Substantially Transformed
CBP states that the light engine module and the PCBA main board are the essence of the projector and it is at their production where the last substantial transformation occurs.
Country of Origin is China in First Scenario, Taiwan in Second
Therefore, when the light engine module and PCBA main board module are assembled and programmed in China, the country of origin of the projectors is China for purposes of U.S. government procurement.
However, if the light engine module and PCBA main board module are assembled and programmed in Taiwan, then the country of origin of the projectors is Taiwan for purposes of U.S. government procurement.
Any Party-at-Interest May Request Judicial Review by June 23
CBP states that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination by June 23, 2011. In addition, under 19 CFR 177.31, any party-at-interest other than the party which requested this final determination may request that CBP reexamine the matter anew and issue a new final determination.
1The pocket projector is a 1.97″ × 0.59″ × 4.06″, four ounce, digital light processing (DLP) projector that uses light emitting diodes (LEDs) as its light source to project photos and videos from mobile devices onto any surface. It can produce an image size of up to 60 inches.
CBP contact -- Heather Pinnock (202) 325-0034
(FR Pub 05/24/11, HQ H114395)