Mr. Bernhard Pommer EOS GmbH Electro Optical Systems Robert-Stirling-Ring 1 Krailling, Other 82152 Germany

Dear Mr. Pommer:

In your letter dated June 23, 2010 you requested a country of origin ruling for the product: polyetheretherketone powder imported from the United Kingdom and tempered in Germany.

Untempered polyetheretherketone powder is imported from the United Kingdom into Germany where it is further processed by a special tempering step which allows it to be used at high temperatures in laser-sintering machines for dosing and recoating. The raw material imported into Germany cannot be used for laser sintering. The tempered powder is intended for export to the United States for use in injection molding, extrusion, compression molding and composites for the manufacture of engine parts and in heat exchange applications.

Section 134.1 (b) of the Customs Regulations (19 C.F.R. 134.1(b)) defines “country of origin” as the country of manufacture, production or growth of any article of foreign origin entering the United States. 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 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 imported article (19 C.F.R. 134.35).

Untempered polyetheretherketone powder will be substantially transformed in Germany into an article having a name (tempered polyetheretherketone), character (capable of being processed at high temperatures in laser-sintering machines ), or use (for dosing and recoating) differing from that of the untempered raw material. Therefore, for tariff purposes the country of origin of the polyetheretherketone powder tempered in Germany will be Germany.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at

This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Frank Cantone at (646) 733-3038.


Robert B. Swierupski Director National Commodity Specialist Division