OT:RR:NC:N2:209
Jane Lee
D and S Industries (Philippines) Corporation
Unit 1-5 of Orient Goldcrest Suntrust Ecotown Building 2,
Cavite 4108
Philippines
RE: The country of origin of wireless ear buds
Dear Ms. Lee:
In your letter dated July 1, 2025, you requested a country of origin ruling on earbuds
The items concerned are Bluetooth wireless earbuds and their charging case, model # DS-601A.
The research and development of the earbud/charging case components is undertaken in China. The earbuds
and their charging case (battery charger) are made from components sourced from the Philippines and China.
The actual manufacturing/assembly steps are undertaken in the Philippines.
The manufacturing steps that take place in the Philippines include in part:
All plastic housing components are produced
All printed circuit boards are manufactured
All printed circuit boards are populated using surface mount technology. The components of the
PCBAs are sourced mainly from the Philippines with only the Bluetooth chip, silicon microphone,
USB-C connector and battery being of Chinese origin.
Assemble speaker and magnet in top of earbud housing
Solder battery and speakers (drivers) to earbud PCBAs
Assemble PCBA with the bottom earbud housing
Assemble top and bottom of earbud housing together
Various testing
Magnets assembled/installed in charging base housing
PCBA assembled/installed into changing base housing
Battery is soldered to charging case PCBA
Assemble the charging case housing top and bottom
Further testing
When determining the country of origin for purposes of applying current trade remedies under Section 301
and additional duties, the substantial transformation analysis is applicable. See, e.g., Headquarters 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 upon the facts presented, it is the opinion of this office that the manufacturing processes that take place
in the Philippines are both meaningful and complex, resulting in the creation of wireless Bluetooth earbuds
and their charging case. The various components, used in the manufacturing process are substantially
transformed into a different article with a new name, character, and use as a result of the processing that takes
place within the Philippines. Therefore, the country of origin of the finished wireless Bluetooth earbuds and
their charging case will be the Philippines.
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 Steven Pollichino at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division