OT:RR:NC:N1:103
Tram Luong
Hankyu Hanshin Express USA Inc.
1561 Beachey Place
Carson, CA 90746
RE: The country of origin of a power bank
Dear Ms. Luong:
In your letter dated December 17, 2025, you requested a country of origin ruling on behalf of your client,
Elecom USA, Inc.
The merchandise under consideration is identified as a lithium-ion power bank, model number
DE-C35L-5000N, with a nominal voltage of 3.6 VDC, a nominal capacity of 5,000 mAh, and a maximum
power output of 12 Watts. The power bank has a hard outer case with a built-in carabiner, a stand, a power
button, a USB-C port, and LED indicators.
The power bank is assembled in Vietnam using components sourced from China and Vietnam. The
Vietnamese inputs are identified as a USB cable and packaging material. All of the remaining materials and
components are sourced from China, which include the battery cell, the printed circuit board assembly
(PCBA), the outer shells, and other electrical components.
The assembly process begins with soldering a thermistor and wires to the PCBA, inspecting the connections,
and performing a series of tests to verify the input voltage, output voltage, and standby power consumption.
At the next station, a 21700 cylindrical lithium-ion battery cell is wrapped in insulation and placed in a
plastic battery holder. The battery cell, PCBA, and a graphene pad are glued to a bottom shell using silicone
adhesive. The wires from the PCBA are spot welded to the battery cell and then insulated using heat-shrink
tubing. A metal stand and a metal carabiner are also secured to the bottom shell using screws. At the last
station, a middle frame (described as a plastic shell with an opening for the USB-C port, power button, and a
light guide), an O-ring (for waterproofing the internal components), and an upper shell are pressed onto the
bottom shell.
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).
Additionally, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless
excepted, every article of foreign origin 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. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be
able to know by an inspection of the marking on the imported goods the country of which the goods is the
product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may,
by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should
influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the
country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP
Regulations (19 CFR 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.
U.S. Customs and Border Protection has previously held that the assembly of battery cells into a power bank
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 DE-C35L-5000N, is China.
In your letter, you also inquired about the country of origin marking for the subject power bank. While a
marked sample was not submitted with your letter, a template of the retail packaging was provided. Based on
the images submitted, the retail packaging identifies the brand, model number, and the words “Assembled in
Vietnam.”
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 U.S. 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 U.S. the English name of the country
of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is
considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it
without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)),
provides that as a general rule marking requirements are best met by marking worked into the article at the
time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk,
molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides
that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate
purchaser unless deliberately removed is acceptable.
As noted above, the power bank is considered a product of China for origin and marking purposes at the time
of importation into the United States. In this regard, section 134.43(e), Customs regulations (19 CFR
134.43(e)), provides that: [w]here an article is produced as a result of an assembly operation and the country
of origin of such article is determined under this chapter to be the country in which the article was finally
assembled, such article may be marked, as appropriate, in a manner such as the following: (1) Assembled in
(country of final assembly); (2) Assembled in (country of final assembly) from components of (name of
country or countries of origin of all components); or (3) Made in, or product of, (country of final assembly).
Consistent with 19 C.F.R 134.43(e), the terms “Made in,” Product of,” and “Assembled in” are words of
similar meaning. Accordingly, marking merchandise not made in Vietnam with the phrase “assembled in
Vietnam” would incorrectly denote Vietnam as the country of origin. Therefore, the proposed product
marking must be revised to indicate that the country of origin is China. Specifically, the product must be
marked “Made in,” “Product of,” or other words of similar meaning, China. Once revised, the proposed
marking would become an acceptable country of origin marking if conspicuously, legibly and permanently
marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division