OT:RR:NC:N4:410
John Xie
Obert, Inc.
30134 Avenida Classica
Rancho Palos Verdes, CA 30134
RE: The Country of origin, and eligibility of the United States-Mexico Canada Agreement (USMCA) of
LED tube lights from Mexico
Dear Mr. Xie:
This is in response to your letter dated August 22, 2025, your request a United States-Mexico-Canada
Agreement (USMCA) eligibility for preferential treatment and country of origin determination for marking
purposes and Section 301 applicability for LED tube lights.
The merchandise under consideration is identified as the Obert’s LED tube lights, which are 15-Watt linear
lamps designed to replace traditional fluorescent tube lights. The LED tube lights are of two diameters: T8
LED tubes (1 inch diameter) 4 feet long and T5 LED tube (5/8-inch diameter) 4 feet long.
The LED tube lights are comprised of LED drivers/PCBs placed in the two end caps of the lamp which
electrically connect with the light source/the LED module. The LED module is a circuit board (flexible or
hard) placed inside the lamp tube with light sources/LEDs mounted on the circuit board. There are two
working modes for each of Obert’s LED tube lights and the two drivers in the two end caps facilitate the two
working modes. Obert’s LED tube lights can function in either a single-ended mode or double-ended mode,
which means that any single Obert’s LED tube light can be powered from either one end or two ends
depending on the setting of the sockets. When they are powered at one end (single-ended mode), the
electrical current does not pass through the second PCB. The second PCB functions when the LED tube
lights are powered at two ends (double-ended mode). This design enlarges the scope of use and increases the
adaptability of Obert’s LED tube lights to the sockets.
The applicable subheading for the LED tube lights will be 8539.52.0051, Harmonized Tariff Schedule of the
United States (HTSUS), which provides for “Electrical filament or discharge lamps, including sealed beam
lamp units and ultraviolet or infrared lamps; arc lamps; light-emitting diode (LED) light sources; parts
thereof: Light-emitting diode (LED) light sources: Light-emitting diode (LED) lamps: Straight linear tubes or
U-shaped tubes”. The rate of duty will be 2 percent ad valorem.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 8539.52.0051, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition
to subheading 8539.52.0051, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status
of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background
information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may
refer to the relevant parts of the USTR and CBP websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
You present a manufacturing process scenario of the LED tube lights in Mexico, where the factory will
produce certain components, and assembled them with the Chinese-originating components to fabricate the
finished LED tube lights. Details of the manufacturing process are described as follows:
The manufacturing process in Mexico starts with the production of the LED module (light source). The
unfinished flexible printed circuit (FPC) is imported from China. The FPC mechanically supports and
electrically connects electronic components and/or electrical components using conductive tracks, pads, and
other features etched from one layer of copper laminated onto and/or between sheets of non-conductive
substrate. A protective layer (solder mask) is applied to the FPC. These FPCs are placed into the board
loading machine to begin the light source production in Mexico. All of this FPC construction work is
performed in Mexico, which includes paint solder paste, surface mounting components, and light up test.
The product of the driver, also in Mexico, where the unpopulated PCB, known as NEMA grade FR4, is
placed into the circuit board loading machine. A stencil is applied to the unpopulated PCB and then painted
with high temperature vulcanizing silicone (HTV); the holes of the stencil allow the HTV to be applied
between the surface mount devices (SMD components) where the SMD components will be connected. At
the completion of the driver SMT line, the unfinished driver SMT is collected and stored awaiting
introduction into the driver DIP Line.
Next, in the driver DIP line, the larger, board-level components, which cannot be placed on the PCB by SMT,
are added using dual inline packaging (DIP), also known as Through-Hole Technology. These components
are not resistant to high temperatures. In Mexico, the unfinished driver after SMT is removed from storage
and placed into the DIP plug-in machine which automatically inserts various electronic components to the
unfinished PCBA. This process involves wave soldering, and then testing with the automated test equipment.
Finally in the main production line, the completed light source sheets are robotically cut to a specified length
into light board in Mexico. The light boards for the LED tube lights are robotically lifted and placed onto an
intermediate plate with designated spacing between each board, followed by the operations of applying RTV
(Room Temperature Vulcanizing Silicone) adhesive, installing FPC light Boards into the glass tube, slitting
the finished driver PCB sheet (cut into individual drivers), soldering conducting lines to the driver, inserting
the driver into the end caps, connecting the driver and the light board through high-frequency soldering,
high-frequency heating, lighting testing and labeling.
Regarding the LED module’s eligibility for preferential treatment, the USMCA was signed by the
Governments of the United States, Mexico, and Canada on November 30, 2018, and approved by the U.S.
Congress with the enactment on January 29, 2020, of the USMCA Implementation Act. General Note (GN)
11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is
an originating good for purposes of the USMCA. GN 11(b) states:
For the purposes of this note, a good imported into the customs territory of the United States from the
territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential
tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the
tariff schedule as a “good originating in the territory of a USMCA country” only if –
(i) the good is a good wholly obtained or produced entirely in the territory of one or more
USMCA countries;
(ii) the good is a good produced entirely in the territory of one or more USMCA countries,
exclusively from originating materials;
(iii) the good is a good produced entirely in the territory of one or more USMCA countries
using nonoriginating materials, if the good satisfies all applicable requirements set forth in this
note (including the provisions of subdivision (o));
…
The subject module contains non-originating materials and is not considered a good wholly obtained or
produced entirely in a USMCA country under GN 11(b)(i). Moreover, under GN 11(b)(ii), the module is not
a good produced entirely in Mexico exclusively from originating materials. Therefore, we must next
determine whether the non-originating materials undergo the tariff shift and other requirements provided for
in GN 11(b)(iii) and GN 11(o).
A detailed review shows that no product specific rule exists for the noted classification in subheading
8539.52.00. We note that the following is found on the General Notes of the HTSUS:
Compiler’s Note: …Other agreements, including the new United States-Mexico-Canada Free Trade
Agreement, are set forth in terms of HS 2012 and may not contain current tariff numbers. However,
the rules for the North American Free Trade Agreement [expired; retained for reference through June
30, 2021], the United States-Australia Free Trade Agreement, the United States-Chile Free Trade
Agreement, the United States-Bahrain Free Trade Agreement, and the United States-Korea Free
Trade Agreement have been updated, and the pertinent general notes do reflect proclaimed
rectifications through 2007 or 2012, depending on the agreement…
Further, CSMS message 17-000270 entitled “FTA Origination Analysis and Certification when no Tariff
Change Rule (TCR)” states that “tariff-shift origination analysis should classify the good and its materials
using the most recent HTSUS in which the tariff item has a corresponding TCR and perform the origination
analysis using that year’s HTSUS.”
Per the above, we found that the corresponding subheading for the subject LED modules enumerated within
the 2012 HTSUS would be 8543.70, HTSUS. As such, we look to the applicable tariff shift rule for
merchandise classifiable under subheading 8543.70, HTSUS, in GN 11(o), HTSUS, which provides, in
relevant part:
A change to subheading 8543.70 from any other subheading, except from “smart” cards, other than
those containing a single integrated circuit, of subheading 8523.59.
Based upon the information provided, all non-originating parts included in the manufacture of the finished
module are classified outside of subheading 8543.70, HTSUS. As such, the finished modules are considered
originating goods under the USMCA and eligible for preferential treatment.
The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. § 1304), provides that, unless
excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a
conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will
permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the
country of origin of the article. Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19
C.F.R. Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. § 1304.
Pursuant to 19 C.F.R Section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and
other USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set
forth in §§ 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with
respect to goods imported from Mexico. Section 102.11 provides a required hierarchy for determining the
country of origin of a good for marking purposes, with the exception of textile goods which are subject to the
provisions of 19 C.F.R. § 102.21. Applied in sequential order, the required hierarchy establishes that the
country of origin of a good is the country in which:
(1) The good is wholly obtained or produced;
(2) The good is produced exclusively from domestic materials; or
(3) Each foreign material incorporated in that good undergoes an applicable change in tariff
classification set out in § 102.20 and satisfies any other applicable requirements of that section, and
all other applicable requirements of these rules are satisfied.
...
Sections 102.11(a)(1) and 102.11(a)(2) do not apply to the facts presented in this case because the LED tube
lights is neither wholly obtained or produced nor produced exclusively from “domestic” (Mexico, in this
case) materials. Because the analysis of sections 102.11(a)(1) and 102.11(a)(2) does not yield a country of
origin determination, we look to section 102.11(a)(3). Section 102.11(a)(3) provides that the country of
origin of a good is the country in which:
Each foreign material incorporated in that good undergoes an applicable change in tariff classification
set out in § 102.20 and satisfies any other applicable requirements of that section, and all other
applicable requirements of these rules are satisfied.
“Foreign material” is defined in § 102.1(e) as “a material whose country of origin as determined under these
rules is not the same country as the country in which the good is produced.”
As with the USMCA examination above, we similarly find that we must use the product specific rule for the
previous classification of subheading 8543.70, HTSUS, represented in section 102.20. This rule states, in
relevant part:
A change to subheading 8543.70 from any other subheading, except from proximity cards or tags of
subheading 8523.52 and except from other machines or apparatus of subheading 8486.10 through
8486.20.
As stated above, all parts involved in the manufacture of the finished product are classified outside of
subheading 8543.70, HTSUS, the foreign materials undergo the requisite tariff shift. Further, we note that no
parts used in the manufacture appear to be classified within the noted exclusionary subheadings. As such, the
finished LED tube lights are considered products of Mexico for marking purposes.
When determining the country of origin for purposes of applying current trade remedies under Section 301
and other 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).
Regarding the applicability of Section 301 trade remedies to the LED tube lights under consideration, we are
of the view that the manufacturing process in Mexico, including the SMT operation along with other
assembly operations, is complex and meaningful as to result in a substantial transformation, such that these
components lose their individual identities and become an integral part of a new article, possessing a new
name, character, and use. In addition, the LED light source, which is the critical part of the finished LED tube
lights is made in Mexico. It imports the character of the finished products. Therefore, the country of origin of
LED tube lights is Mexico.
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 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 Michael Chen at [email protected].
Sincerely,
(for)
Denise Faingar
Acting Director
National Commodity Specialist Division