CLA-2   CO:R:C:V 555045 DBI
Mr. Adolfo Loera
          6044 Gateway East
          Suite 506
          El Paso, Texas 79905
          RE:   Eligibility of certain cable television equipment for duty-
                free treatment under the Generalized System of Preferences
          Dear Mr. Loera:
                This is in response to your letter of October 23, 1987, on
          behalf of Texscan Corporation, requesting a ruling that certain
          cable television equipment assembled in Mexico is eligible for
          duty-free treatment under the Generalized System of Preferences
          (GSP).  You also request advise concering the classification of
          the merchandise.  We regret the delay in responding to your
          request.
          FACTS:
                You advise that your client wishes to obtain duty-free
          treatment under the GSP for certain cable television distribution
          equipment which is currently being assembled in Mexico.  The
          products consist of two main lines of cable television
          electronics equipment with 400 to 500 slight variations.
                You state that the description of the "trunk station" is
          representative of the other assemblies, including the bridge
          amplifier module, diplex filter module, distribution passive
          device, multipoint distribution passive device, automatic level
          and slope module, trunk amplifier module, reverse amplifier
          module and multichannel multipoint distribution device.  The
          first step is the production of the base and cover.  These
          components are subject to the following steps:
                (1) Drill and tap holes and mill seal all surfaces.
                (2) Deburl, wash, vacuum impregnate and apply conversion
          coating.
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(3) Test for water leakages under controlled air pressure.
                The assembly of the input and output modules consist of the
          following steps:
                (1) Cut enamel wires to specified lengths.  Wind manually
          and automatically the chokes and tin leads.  Inspect visually.
                (2) Preform leads of discrete components manually or
          automatically.  Preform and cut wires.  Install eyelets in PCB's.
                (3) Assemble components of steps 1, 2, and 3 in the PCB's.
          Inspect visually.
                (4) The assembled PCB's are wave soldered, cleaned and all
          leads at the bottom are cut.
                (5) Certain wires and components are soldered to the PCB's
          manually.
                (6) Some hardware and connectors are installed.
                (7) All PCB's are installed in the relative chassis and
          more hardware is installed.
                (8) Unit is visually inspected.
                (9) Align and test for flatness response, return less and
          insertion loss per Test and Alignment Procedures.
                (10) Unit is checked by quality control.
                (11) Set aside for final assembly.
                The production of the power supply consists of the
          following:
                (1) Cut enamel wires to specified length.
                (2) Wind manually and automatically the wires around
          toroids.  Tin leads.  Cut leads.  Inspect visually.
                (3) Preform leads of discrete components manually and
          automatically.  Preform and cut wire harness as specified.
          Install eyelets in PCB.  Inspect visually.
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(4) Assemble two cables with sockets and ties.
                (5) Silkscreen plastic cover.
                (6) Machine base plate.
                (7) Assemble resistors, capacitors, transformers, diodes,
          I.C.  Inspect visually.
                (8) Wave solder the assembled PCB.  Clean.  Cut all leads
          at the bottom of the PCB.
                (9) Some components, wires and hardware are assembled as
          secondary operation.
                (10) Mount the assembled PCB on the Base Plate.  Inspect
          visually.
                (11) Test for continuity, output voltage range, ripple,
          line and load regulation, input and output overvoltage
          protection, voltages at test point and overcurrent protection.
                (12) Secure plastic cover with proper hardware.
                (13) Unit is checked and tested by quality control.
                (14) Set aside unit for final assembly.
                The final assembly consists of the following steps:
                (1) Install the input module, output module and the power
          supply in the housing with the proper hardware.
                (2) Pack unit with the specified corrugation.
                (3) Unit is checked by quality assurance.
                You claim that the assembly process of the printed circuit
          boards, the number of steps required, the careful attention to
          detail and quality control, and the large number of discrete
          components assembled by specially trained personnel is sufficient
          to constitute substantial transformation of the component parts
          into a PCB, which is a new and different article of commerce.
          You contend that the assembly of the PCB with the remaining
          components of the articles constitutes a second substantial
          transformation.  
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ISSUE:
                Whether the operations performed on the component parts of
          the cable television equipment result in a double substantial
          transformation, thereby enabling the cost or value of the
          constituent material to be counted toward the 35 percent value-
          content requirement for purposes of the GSP.
          LAW AND ANALYSIS:
                Under the GSP, eligible products of a designated
          beneficiary developing country (BDC) which are imported directly
          into the U.S. qualify for duty-free treatment if the sum of the
          cost or value of the constituent materials produced in the BDC
          plus the direct costs involved in processing the eligible article
          in the BDC is at least 35 percent of the article's appraised
          value at the time of its entry into the U.S.  See 19 U.S.C. 2463.
                The cost or value of materials which are imported into the
          BDC to be used in the production of the article, as here, may be
          included in the 35 percent value-content computation only if the
          imported materials undergo a double substantial transformation in
          the BDC.  That is, the non-Mexican components must be
          substantially transformed in Mexico into a new and different
          intermediate article of commerce, which is then used in Mexico in
          the production of the final imported article, the cable
          television equipment.  See  19 CFR 10.177(a).
                The test for determining whether a substantial
          transformation has occurred 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, 69 CCPA 152, 681 F.2d 778
          (1982).
                We have previously held that the assembly of a printed
          circuit board from several component parts produced a
          substantially transformed constituent material of a rechargeable
          flashlight, with a new name and function different from its
          component parts.  Therefore, the cost or value of the printed
          circuit boards assembled in Mexico was able to be included
          towards the 35 percent value-content requirement of the GSP as
          consituent material costs.  We further held that the
          incorporation of the printed circuit board into the flashlight
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constitutes a second substantial transformation, resulting in a
          product with a distinct name, use and character.  See also ruling
          554850, September 10, 1988).
                In the present case, we find that the manufacture of the
          PCB constitutes a substantial transformation.  The separate
          component parts imported into Mexico acquire new attributes, and
          the PCB's differ in character and use from the component parts
          from which it is composed.  The production of the PCB's involve
          cutting, shaping, winding, tinning, soldering and quality control
          testing, which increase the components' value and endow them with
          new qualities which transform them into an article with a
          distinct new commercial identity.
                We also find that the assembly of the PCB's with the base,
          cover, and power supply, creating the final product, results in a
          second substantial transformation.  The assembly of the
          constituent materials (the PCB's) changes their character and
          results in a finished product which is recognized as a new and
          different article of commerce with a distinct name, character and
          use.
                Additionally, the assembly process involves a large number
          of components and a significant number of different operations,
          requires a relatively significant period of time as well as
          skill, attention to detail, and quality control, and results in a
          significant economic benefit to the BDC from the standpoint of
          both the value added to each component part and the overall
          employment generated by the operations.  C.S.D. 85-25, 19 Cust.
          Bull. 544 (1984).
                Finally, these operations are not the type of "pass-
          through" operations which Congress intended to prohibit from
          receiving GSP benefits.  "Keeping in mind the GSP's fundamental
          purpose of fostering industrialization in beneficiary developing
          countries," we believe that the operations performed in this
          instance are the type of substantial operations contemplated by
          the GSP statute.  See Torrington v. United States, 764 F.2d at
          1571.
                Information concerning the proper tariff classification of
          the products will be provided in a separate letter.
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HOLDING:
                On the basis of the information submitted, it is our
          opinion that the cost or value of the constituent materials
          (PCB's) used in the assembly of the cable television equipment
          may be included for purposes of satisfying the GSP 35 percent
          value-content requirement.
                                     Sincerely,
John Durant
                                     Director, Commercial
                                     Rulings Division