OT:RR:NC:N2:209
Long Chen
Thai Jiuzhou Electron Co. Ltd.
88/152 Moo 15 Bangsaotong Sub-District
Bangsaotong 10570
Thailand
RE: The country of origin of a thermistor
Dear Mr. Chen:
In your letter dated May 4, 2026, you requested a country of origin ruling on a thermistor. Descriptive
literature was provided for our review.
The item under consideration is described as a thermistor (part number 265D4224G003), which is a
temperature sensing device used inside household dishwashing machines. The dishwasher uses the resistance
and B value of the negative temperature coefficient (NTC) resistor (measured in ohm) to translate the
temperature of the water. The thermistor is assembled at the bottom of dishwasher where water contacts the
housing and relays the information to the connected external board in the dishwasher via a wire harness. In
operation, the printed circuit board (PCB) inside the thermistor absorbs the heat and delivers it to NTC
resistor to get the resistance valve, which is calibrated by PCB design, to meet the actual temperature level of
water outside of the housing.
The thermistor is constructed of components from both China and Thailand. For scenario one, the Thailand
components include the housing, printed circuit board assembly (PCBA), and cover, while the O-ring is from
China. For scenario two, the PCBA is from Thailand while the O-ring, cover and housing are from China.
For scenario one, the manufacturing process begins in Thailand with the construction of the PCBA, which is
made via surface mount technology (SMT). During the process, the NTC resistor from Taiwan is
permanently connected to the PCBA. Then, Chinese-origin polypropylene (PP) plastic pellets are melted and
molded to create the housing and PA66 plastic pellets are melted to mold the cover.
For scenario two, the manufacturing process also begins with the construction of the PCBA (including
permanently affixing the NTC) in Thailand. However, the next step, where the PP plastic pellets are melted
to mold the housing and the PA66 is melted to mold the cover, occurs in China.
The final assembly for both scenarios occurs in Thailand. This includes the collection of the raw materials,
assembly of the housing with the PCBA, assembly of the cover, attaching the O-ring, and then conducting
final testing and packaging.
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).
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. Friedlaender & 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.
In this instance, for both scenario one and two, the Thailand-produced PCBA, which contains the NTC
resistor, would be considered the dominant component. The creation of the PCBA using SMT provides the
active electrical attributes to the finished article, providing the articles essence. Additionally, the final
assembly, while fairly simple, is also performed in Thailand. The O-ring, housing and cover simply provide
the necessary protection needed for the device but do not provide the enabling technology that provides the
essential operational elements for the thermistor to work. In view of these facts, the country of origin for
marking and trade remedies for both scenario one and two is Thailand.
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 P. Forkan
Director
National Commodity Specialist Division