OT:RR:NC:N1:103
Bella Cai
Seosin Electronics Vina Co., Ltd.
Chau Son IZ, Le Chan Road, Le Hong Phong Ward
Phu Ly City, Ha Nam 400000 Vietnam
RE: The country of origin of a power bank
Dear Ms. Cai:
In your letter dated February 27, 2025, you requested a country of origin ruling on a power bank.
The rechargeable lithium-ion power bank, model number AST-MP595, is described as a portable device with a maximum output of 10.5 W and a nominal capacity of 5,000 mAh. The device contains a single battery cell enclosed within a plastic housing with a battery level indicator, a micro-USB input port, a USB-C input and output port, and two USB-A output ports. It measures approximately 9.8 centimeters in length, 6.5 centimeters in width, and 1.6 centimeters in height.
The assembly process occurs in Vietnam using components sourced exclusively from China and begins with the assembly of a printed circuit board assembly (PCBA) that incorporates USB functionality. The PCBA is assembled using surface-mount technology, a process that attaches circuit board components to the surface of a printed circuit board. The components added during this process include resistors, capacitors, integrated circuits, and various USB connectors. Next, a worker mounts the PCBA and a Chinese battery cell into the bottom shell of the housing, connects the PCBA to the battery, and installs the top shell. The completed power bank undergoes various types of testing, including charge testing and visual inspection.
When determining the country of origin for purposes of applying current trade remedies under Section 301, the substantial transformation analysis is applicable. See, e.g., Headquarters (HQ) Ruling Letter H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur 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, 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).
Based on the manufacturing scenario presented, the assembly operations that occur in Vietnam do not result in a substantial transformation. There is no change in the name, use, or character of the battery cell after the assembly process occurs. U.S. Customs and Border Protection has previously held that the assembly of battery cells into battery packs does not result in a substantial transformation of the battery cells because the essential character of the cells does not change simply by being placed together in a plastic housing. See HQ ruling 563045, dated August 9, 2004, and HQ ruling 734393, dated March 20, 1992. Here, the function of the battery cell is to store and provide power, and the function of the battery cell in the finished power bank is likewise to store and provide power. In view of these facts, and based on the totality of the circumstances, the country of origin of the subject power bank, model number AST-MP595, is China.
The holding set forth above applies only to the specific factual situation and merchandise description as identified 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 the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border 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 periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Paul Huang at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division