OT:RR:NC:N4:422
Mr. James Choi
Cimilre Co., Ltd.
97-14 Seongnam-ro, Mokcheon-eup, Dongnam-gu
Cheonan-si 31234
Korea, South
RE: The country of origin of a breast pump accessory kit
Dear Mr. Choi:
In your letter dated April 3, 2026, you requested a country of origin and marking ruling of a breast pump
accessory kit. A product image and a photo of the tubing were submitted with your request.
The item concerned is a breast pump accessory kit, 32mm Collection Kit / CM0A16-32.
The kit contains two breast shields (flanges), two valves used to regulate suction, two diaphragms, two
feeding bottle sets consisting of a bottle, sealing disc, and locking ring, two tubes used to connect the breast
pump motor unit to the breast shield assembly. All of the components are made from polypropylene (PP)
plastic and silicone materials commonly used in breast pump accessories. They are compatible with the
following breast pumps: Spectra® S1 Plus, Spectra® S2 Plus, Spectra® S9 Plus, and Spectra® Synergy
Gold.
In your letter, you indicated that all parts are sourced from China and South Korea as follows:
Component of Chinese Origin
Tubing (silicone)
Components of Korean Origin
Diaphragm- Back Cover (PP plastic)
Diaphragm Membrane (silicone)
Diaphragm - Front Cover (PP plastic)
Breast Shield - Flange (PP plastic)
Duckbill Valve (silicone)
Feeding Bottle Container (PP plastic)
Feeding Bottle Cap (PP plastic)
Feeding Bottle Nipple (silicone)
Feeding Bottle Locking Ring (PP plastic)
Feeding Bottle Disc (PP plastic)
You stated that most components of the kit are manufactured in South Korea. The tubing components are
manufactured in China and imported into South Korea for inclusion in the accessory kit. All components are
inspected, combined, and packaged together into a retail accessory kit. No additional manufacturing
processes are performed on the tubing after importation into South Korea other than inclusion in the retail
packaging.
Country of Origin:
When determining the country of origin, the substantial transformation analysis is applicable. See, e.g.,
Headquarters Ruling Letter (“HQ”) 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).
The household articles listed in EN 39.24(C) are utilitarian and decorative in character or function as a
receptacle, and are closely associated with household functions and activities, e.g., dustbins and buckets for
cleaning, watering cans for watering plants or a garden, and food storage containers which store food
products for, and in, a household. Like the examples provided by EN 39.24(C), the two feeding bottle
container components of the breast pump accessory kit are utilitarian, made of plastic, and used in a
household. They are closely associated with the household activities of childrearing, pumping breast milk,
and feeding a baby. The bottle containers function as a food storage container for collecting and storing
breast milk before feeding an infant.
It is this office’s opinion that the primary function of the breast pump accessory kit is to collect and store
breast milk before feeding an infant. The bottle containers which originate in South Korea, provide the
essential element for each breast pump accessory kit. They are not substantially changed by the addition of
Chinese origin components. In view of these facts, the country of origin for five breast pump accessory kits is
South Korea.
Marking:
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, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements
and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates
that the ultimate purchaser in the United States must be able to find the marking easily and read it without
strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the United States who
will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its
imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the
cookware is the consumer who purchases the product at retail.
Section 134.43(e), Customs Regulations (19 CFR § 134.43(e)), states in pertinent part, that:
Where 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 shall
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).
In the instant case, because the breast pump is assembled in South Korea from components of China, section
134.43(e)(2) is applicable. Where, as in this case, the country of assembly is the country of origin of the
article, there is no requirement that the country of origin marking include the origin of the components
utilized in the foreign assembly. However, your proposed marking would only identify the origin of China
made components and not the Korean.
In HRL 560933, this office ruled that where U.S. components and other foreign components were used to
assemble the final product in a third country and the importer wishes to identify the origin of the components,
the appropriate marking is “Assembled in [country X] from components of U.S. and foreign origin.”
Therefore, a marking such as “Assembled [or Made] in South Korea of China components” would be
acceptable.
In your request, you inquired the tubing or any other components would no longer require individual country
of origin marking on the product. 19 USC 1304(3)(F) states an article is exempted from marking
requirements if “such article is imported for use by the importer and not intended for sale in its imported or
any other form.” The tubing is intended to be sold with other components to the ultimate customer, without
modification. If the tubing will be sold on its own, it will need to also be marked individually per the
appropriate requirements.
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 Dana L. Giammanco at [email protected].
Sincerely,
(for)
James P. Forkan
Director
National Commodity Specialist Division