CLA‑2-OT:RR:NC:N4:463
Paula Connelly
Sandler Travis & Rosenberg P.A.
100 Trade Center
Woburn, MA 01801
RE: The country of origin of a multi-function baby bassinet
Dear Ms. Connelly:
This ruling is being issued in reply to your letter dated January 4, 2023, on behalf of your client, Thorley Industries dba 4moms, requesting a country of origin determination on the mamaRoo Sleep Bassinet. In lieu of samples, illustrative literature and a website URL were provided.
The mamaRoo Sleep Bassinet is comprised of a textile basket on a plastic base with four removable legs. It features a touchpad and a smartphone interface that allows a caregiver to select from five rocking motions with five levels of intensity and four white noise programs.
The complete article, including the removeable legs, measures 34" (L) x 24" (W) x 39" (H) and weighs 30 lbs. See the following image:
mamaRoo Sleep Bassinet:
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The mamaRoo Sleep Bassinet is comprised of a base unit and a basket. The base unit is made up of a plastic shell, a mechanical scissor mechanism with a motor and actuators, and three circuit boards.
The base unit outer shell is formed from plastic in Malaysia. The base unit scissor mechanism is assembled in Malaysia from 162 Chinese and Malaysian parts. The base unit has three printed circuit board assemblies (PCBs). The Main PCB and Bluetooth Module PCB are populated in Malaysia, and the Sound Daughter Board is populated in China. The Malaysian-populated Main PCB controls the primary functions of the mamaRoo Sleep Bassinet. It is significantly larger, more complex, and more expensive than the other PCBs.
The basket is assembled in Malaysia from an MDF base, oval upper and lower metal rings, four vertical metal supports, a padded textile covering, a textile net and a foam bassinet pad. The textile components and foam bassinet pad are made in China. The remaining basket parts are made in Malaysia.
Subsequent to final assembly, the complete bassinet is packaged in Malaysia for export.
Section 134.1(b), 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”.
In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. The country of origin of the item’s components, extent of the processing that occurs within a country, and whether such processing renders a product with a new name, character and use are primary considerations in such cases. Additionally, factors such as the resources expended on product design and development, the extent and nature of post-assembly inspection and testing procedures, and worker skill required during the actual manufacturing process will be considered when determining whether a substantial transformation has occurred. No one factor is determinative.
In light of the above, we find that the principal manufacturing operations are performed in Malaysia, where the Chinese components lose their individual identities and become integral parts of the mamaRoo Sleep Bassinet. The manufacturing operations performed in Malaysia create a new and different article of commerce with a distinct character and use that was not previously inherent in the Chinese components. Therefore, the country of origin of the imported mamaRoo Sleep Bassinet is Malaysia.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Seth Mazze at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division