Notice of Issuance of Final Determination Concerning Thermal Printers, 50598-50601 [2024-13115]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50598-50601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13115]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Issuance of Final Determination Concerning Thermal 
Printers

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of final determination.

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SUMMARY: This document provides notice that U.S. Customs and Border 
Protection (CBP) has issued a final determination concerning the 
country of origin of five models of thermal printers. Based upon the 
facts presented, CBP has concluded in the final determination that the 
components of the subject thermal printers do not undergo substantial 
transformation in Japan when made into the final thermal printer units.

DATES: The final determination was issued on June 10, 2024. A copy of 
the final determination is attached. Any party-at-interest, as defined 
in 19 CFR 177.22(d), may seek judicial review of this final 
determination within July 15, 2024.

FOR FURTHER INFORMATION CONTACT: Austen Walsh, Valuation and Special 
Programs Branch, Regulations and Rulings, Office of Trade, at (202) 
325-0114.

SUPPLEMENTARY INFORMATION: Notice is hereby given that on June 10, 
2023, CBP issued a final determination concerning the country of origin 
of five models of thermal printers for purposes of Title III of the 
Trade Agreements Act of 1979. This final determination, HQ H328859, was 
issued at the request of Brother Mobile Solutions, Inc. (``Brother''), 
under procedures set forth at 19 CFR part 177, subpart B, which 
implements Title III of the Trade Agreements Act of 1979, as amended 
(19 U.S.C. 2511-18). In the final determination, CBP has concluded 
that, based upon the facts presented, the components, which are largely 
sourced from China, are not substantially transformed in Japan when 
made into the subject thermal printers.
    Section 177.29, CBP Regulations (19 CFR 177.29), provides that 
notice of final determinations shall be published in the Federal 
Register within 60 days of the date the final determination is issued. 
Section 177.30, CBP Regulations (19 CFR 177.30), provides that any 
party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial 
review of a final determination within 30 days of publication of such 
determination in the Federal Register.

Alice A. Kipel,
Executive Director, Regulations and Rulings, Office of Trade.

HQ H328859

June 10, 2024

OT:RR:CTF:VS H328859 AMW

CATEGORY: Origin

Mr. Rick Van Arnam, Esq.
Barnes, Richardson & Colburn, LLP
100 William Street
Suite 305
New York, NY 10038

RE: U.S. Government Procurement; Title III, Trade Agreements Act of 
1979 (19 U.S.C. 2511); Subpart B, Part 177; Brother Mobile 
Solutions, Inc.; Country of Origin of Mobile Thermal Printers; 
Substantial Transformation

Dear Mr. Van Arnam:

    This is in response to your request of November 14, 2022, on 
behalf of your client, Brother Mobile Solutions, Inc. (``Brother''), 
for a final determination concerning the country of origin of 
various thermal printer models, pursuant to Title III of the Trade 
Agreements Act of 1979 (``TAA''), as amended (19 U.S.C. 2511 et 
seq.), and subpart B of Part 177, U.S. Customs and Border Protection 
(``CBP'') Regulations (19 CFR 177.21, et seq.). Brother is a party-
at-interest within the meaning of 19 CFR 177.22(d)(1) and 177.23(a) 
and is therefore entitled to request this final determination.

Facts

    Brother seeks a country of origin determination related to five 
separate models of thermal printers described as the ``Brother 
PocketJet 8 Mobile Thermal Printers'' (the ``thermal printers''). 
Your request states that the assembly process for the thermal 
printers is the same, though the devices differ in type of interface 
(i.e., USB, Bluetooth, or Wi-Fi) and resolution (either ``standard 
resolution'' at 203 dots per inch (``DPI'') or ``high resolution'' 
at 300 dots per inch). The five models are as follows:

------------------------------------------------------------------------
        Model                 Interface                 Resolution
------------------------------------------------------------------------
PJ-822..............  USB......................  203 DPI.
PJ-823..............  USB......................  300 DPI.
PJ-862..............  USB, Bluetooth...........  203 DPI.
PJ-863..............  USB, Bluetooth...........  300 DPI.
PJ-883..............  USB, Bluetooth, Wi-Fi....  300 DPI.
------------------------------------------------------------------------

    The thermal printers provide full-page mobile printing, 
producing text or images by passing specially treated paper (i.e., 
thermal paper) over a ``print head'' comprised of a small, 
electrically heated element. Upon exposure to heat, the coating on 
the paper turns black, producing the desired text or image. The 
thermal printers connect with most computer models, including IOS 
and Android devices.
    The thermal printers will undergo final assembly in Japan by Mie 
Brother Precision Industries, Ltd. (``Mie Brother'') utilizing 
discrete components imported from Taiwan, Vietnam, and China, as 
well as a Japanese-origin printed circuit board assembly (``PCBA''). 
As outlined in your request, the thermal printers consist of four 
main component groupings:

(1) Print Mechanism

    The print mechanism utilizes direct thermal technology to apply 
heat to the treated paper and produce text and images. The print 
mechanism is comprised of approximately 48 components, including a 
chassis assembly, head spring, gears, thermal plate, paper guide, 
screws, and a stepping motor used to move paper through the print 
mechanism. The print mechanism is comprised entirely of Chinese-
origin components (aside from the Taiwanese-origin stepping motor), 
which are assembled into the thermal printers in Japan.

(2) Covers/Chassis

    The covers and chassis are static items that make up the chassis 
of the thermal printers. They are comprised of approximately 59 
components, including a top cover, back cover chute cover, battery 
latches, face tape, and various labels and screws. Each of these 
components is produced in China and are assembled into the printers 
in Japan.

(3)Sensor Unit

    The sensor unit consists of five components: a Vietnam-produced 
membrane switch, which functions as an operator interface, allowing 
the user to operate and control the device. The remaining 
components, including flexible printed

[[Page 50599]]

circuits that control the printer's on/off switch, its LED 
indicator, and a radio circuit (Bluetooth vs. WiFi in model PJ 863), 
are all produced in China and assembled into the printers in Japan.

(4) Main PCBA

    The main PCBA is produced by a third-party manufacturer in 
Japan. The PCBA includes the device's firmware, and functions as the 
motherboard of the printer. It controls communication with the 
device looking to print (i.e., computer or phone), houses the memory 
for the printer, and forms the image to be printed.
    In addition to the physical components described above, you 
state that the device's firmware is designed and developed in Japan. 
The firmware consists of software embedded into the PCBA that will 
control the device.
    All told, your request indicates that slightly more than half of 
the printers' value, is attributable to production occurring in 
China. Slightly less than half of the printers' value is produced in 
Japan. Less than 10% by value is produced in Vietnam and in Taiwan. 
By quantity, approximately 97% of all components are produced in 
China, whereas 1% of the printers' components are produced in Japan, 
1% in Taiwan, and 1% in Vietnam.
    You state that the final assembly of the above-mentioned 
components occurs in Japan. Specifically, your request indicates 
that assembly in Japan occurs in roughly the following steps:

Mainframe Assembly

    In this stage, the main PCBA is mounted to the main chassis 
assembly. Then, the stepping motor is attached to the chassis, and 
the print mechanism components are affixed. Next, the side and upper 
chassis boards are attached to the main frame, as are three head 
pressing springs. The platen and transfer gears are added. Finally, 
the chute cover is attached to this frame.

Cover Assembly

    Next, the cover assembly is created. The components of the 
sensor unit--the membrane switch, LED lamp, and various flexible 
printed circuits, are assembled to the top cover. The back cover is 
then attached, followed by the top cover and then the latches. All 
cover screws are tightened. A dummy battery is inserted, and a label 
is affixed on the bottom of the cover.
    After assembly is complete, the thermal printers undergo a 
testing process in which the machines receive a function test, 
printing inspection, Wi-Fi/Bluetooth check, and appearance 
inspection.

Issue

    What is the country of origin of the subject thermal printers 
for purposes of U.S. Government procurement?

Law and Analysis

    CBP issues country of origin advisory rulings and final 
determinations as to whether an article is or would be a product of 
a designated country or instrumentality for the purpose of granting 
waivers of certain ``Buy American'' restrictions in U.S. law or 
practice for products offered for sale to the U.S. Government, 
pursuant to subpart B of Part 177, 19 CFR 177.21 et seq., which 
implements Title III, Trade Agreements Act of 1979, as amended (19 
U.S.C. 2511-2518).
    CBP's authority to issue advisory rulings and final 
determinations is set forth in 19 U.S.C. 2515(b)(1), which states:
    For the purposes of this subchapter, the Secretary of the 
Treasury shall provide for the prompt issuance of advisory rulings 
and final determinations on whether, under section 2518(4)(B) of 
this title, an article is or would be a product of a foreign country 
or instrumentality designated pursuant to section 2511(b) of this 
title.\1\
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    \1\ The Secretary of the Treasury's authority mentioned above, 
along with other customs revenue functions, are delegated to CBP in 
the Appendix to 19 CFR part 0--Treasury Department Order No. 100-16, 
68 FR 28322 (May 23, 2003).
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    The rule of origin set forth in 19 U.S.C. 2518(4)(B) states:
    An article is a product of a country or instrumentality only if 
(i) it is wholly the growth, product, or manufacture of that country 
or instrumentality, or (ii) in the case of an article which consists 
in whole or in part of materials from another country or 
instrumentality, it has been substantially transformed into a new 
and different article of commerce with a name, character, or use 
distinct from that of the article or articles from which it was so 
transformed.
    See also 19 CFR 177.22(a).
    In rendering advisory rulings and final determinations for 
purposes of U.S. Government procurement, CBP applies the provisions 
of subpart B of Part 177 consistent with the Federal Acquisition 
Regulations (``FAR''). See 19 CFR 177.21. In this regard, CBP 
recognizes that the FAR restricts the U.S. Government's purchase of 
products to U.S.-made or designated country end products for 
acquisitions subject to the TAA. See 48 CFR 25.403(c)(1).
    Section 25.003 defines ``designated country end product'' as:

a WTO GPA [World Trade Organization Government Procurement 
Agreement] country end product, an FTA [Free Trade Agreement] 
country end product, a least developed country end product, or a 
Caribbean Basin country end product.
    Section 25.003 defines ``WTO GPA country end product'' as an 
article that:
    (1) Is wholly the growth, product, or manufacture of a WTO GPA 
country; or
    (2) In the case of an article that consists in whole or in part 
of materials from another country, has been substantially 
transformed in a WTO GPA country into a new and different article of 
commerce with a name, character, or use distinct from that of the 
article or articles from which it was transformed. The term refers 
to a product offered for purchase under a supply contract, but for 
purposes of calculating the value of the end product includes 
services (except transportation services) incidental to the article, 
provided that the value of those incidental services does not exceed 
that of the article itself.
    Once again, we note that the subject thermal printers are 
assembled in Japan, a WTO GPA country, with components sourced from 
both TAA-designated countries (i.e., Taiwan and Japan) as well as 
non-TAA countries (i.e., China, Vietnam).
    In order to determine whether a substantial transformation 
occurs when components of various origins are assembled into 
completed products, CBP considers the totality of the circumstances 
and makes such determinations on a case-by-case basis. The country 
of origin of the item's components, extent of the processing that 
occurs within a country, and whether such processing renders a 
product with a new name, character, and use are primary 
considerations in such cases. Additionally, factors such as the 
resources expended on product design and development, the extent and 
nature of post-assembly inspection and testing procedures, and 
worker skill required during the actual manufacturing process will 
be considered when determining whether a substantial transformation 
has occurred. No one factor is determinative.
    A new and different article of commerce is an article that has 
undergone a change in commercial designation or identity, 
fundamental character, or commercial use. A determinative issue is 
the extent of the operations performed and whether the materials 
lose their identity and become an integral part of the new article. 
See Nat'l Hand Tool Corp. v. United States, 16 CIT 308 (1992), 
aff'd, 989 F.2d 1201 (Fed. Cir. 1993). ``For courts to find a change 
in character, there often needs to be a substantial alteration in 
the characteristics of the article or components.'' Energizer 
Battery, Inc. v. United States, 190 F. Supp. 3d 1308, 1318 (Ct. 
Int'l Trade 2016) (citations omitted). Courts have looked to ``the 
essence'' or essential character of the completed article ``to 
determine whether it has undergone a change in character as a result 
of post-importation processing.'' Id. (citing Uniroyal, Inc. v. 
United States, 542 F. Supp. 1026 (Ct. Int'l Trade 1982), aff'd, 702 
F.2d 1022 (Fed. Cir. 1983)). In Uniroyal, 542 F. Supp. at 1030, the 
U.S. Court of International Trade (``CIT'') held that ``it would be 
misleading to allow the public to believe that a shoe is made in the 
United States when the entire upper--which is the very essence of 
the completed shoe--is made in Indonesia and the only step in the 
manufacturing process performed in the United States is the 
attachment of an outsole.''
    In Energizer Battery, Inc. v. United States, 190 F. Supp. 3d 
1308 (2016), the CIT interpreted the meaning of the term 
``substantial transformation'' as used in the TAA for purposes of 
government procurement. Energizer Battery involved the determination 
of the country of origin of a flashlight, referred to as the 
Generation II flashlight, under the TAA. All the components of the 
Generation II flashlight were of Chinese origin, except for a white 
LED and a hydrogen getter. The components were imported into the 
United States where they were assembled into the finished Generation 
II flashlight.
    The Energizer Battery court reviewed the ``name, character and 
use'' test in determining whether a substantial transformation had 
occurred and reviewed various court decisions involving substantial

[[Page 50600]]

transformation determinations. The court noted, citing Uniroyal, 
that when ``the post-importation processing consists of assembly, 
courts have been reluctant to find a change in character, 
particularly when the imported articles do not undergo a physical 
change.'' Energizer at 1318. In addition, the court noted that 
``when the end-use was pre-determined at the time of importation, 
courts have generally not found a change in use.'' Energizer Battery 
at 1319, citing as an example, National Hand Tool. Furthermore, 
courts have considered the nature of the assembly, i.e., whether it 
is a simple assembly or more complex, such that individual parts 
lose their separate identities and become integral parts of a new 
article.
    In reaching its decision in the Energizer Battery case, the 
court expressed the question as one of whether the imported 
components retained their names after they were assembled into the 
finished Generation II flashlights. The court found ``[t]he 
constitutive components of the Generation II flashlight do not lose 
their individual names as a result [of] the post-importation 
assembly.'' The court also found that the components had a pre-
determined end-use as parts and components of a Generation II 
flashlight at the time of importation and did not undergo a change 
in use due to the post-importation assembly process. Finally, the 
court did not find the assembly process to be sufficiently complex 
as to constitute a substantial transformation. Thus, the court found 
that Energizer's imported components did not undergo a change in 
name, character, or use because of the post-importation assembly of 
the components into a finished Generation II flashlight. The court 
determined that China, the source of all but two components, was the 
correct country of origin of the finished Generation II flashlights 
under the government procurement provisions of the TAA.
    In this matter, counsel argues that the country of origin of the 
subject thermal printers will be Japan because: (1) the final 
assembly of the various components occurs in Japan, and all 
components undergo a substantial transformation when assembled into 
the thermal printers; (2) the main PCBA is produced in Japan, which 
functions as the ``brains'' of the device and therefore imparts the 
essential character; and (3) the device's firmware is designed, 
developed, and embedded in Japan. In doing so, the request cites 
Headquarters Ruling Letter (HQ) H298653, dated November 19, 2018; HQ 
H241146, dated May 21, 2013; and HQ H185775, dated December 21, 
2011.
    In HQ H298653, CBP considered the country of origin of solar 
panels that were assembled in China using both Chinese and non-
Chinese components, including polycrystalline solar cells that were 
entirely manufactured in Germany. CBP determined that 
polycrystalline solar cells, which imparted the essential character 
of the finished panels, did not lose their identity and became an 
integral part of the solar panels when they were combined with other 
components during the processing in China. The end-use of the solar 
cells and other components was pre-determined before the components 
were imported into China, and the solar cells (and other components) 
remained solar cells during processing in China. Therefore, CBP 
found that the country of origin of the solar panels was Germany. We 
note, however, that HQ H298653 pertains to solar panels, which is a 
completely different product class from the subject merchandise, and 
that does not include a PCBA, firmware, or similar components to the 
subject merchandise.
    In HQ H241146, CBP considered the country of origin of 
monochrome laser printers. In that case, Chinese-origin 
subassemblies were imported into the United States, where they were 
assembled with U.S.-origin PCBs, and programmed with Japanese-origin 
firmware. While the printers were comprised of subassemblies and 
components from various countries, they were also comprised of a 
controller unit assembled in the United States (with U.S.-origin 
PCBs), which was important to the function of the printers. As a 
result, CBP found that the last substantial transformation occurred 
in the United States.
    In HQ H185775, CBP considered the country of origin of a 
multifunction office machine. In that case, the incomplete print 
engine was produced in Vietnam and consisted of a metal frame, 
plastic skins, motors, controller board with supplier-provided 
firmware, a laser scanning system, paper trays, cabling paper 
transport rollers, and miscellaneous sensing and imaging systems. 
The incomplete print engine was shipped to Mexico, where the 
following assemblies were added: the formatter board, scanner/
automatic document feeder, control panel, fax card, hard disk drive/
solid state drive, firmware (which was developed and written in the 
United States), along with other minor components and accessories. 
CBP determined that Mexico was the country of origin because the 
assembly of the various nonfunctioning assemblies and components, 
along with the addition of firmware and programming, resulted in a 
substantial transformation.
    In addition to the rulings cited in Brother's request, we 
identified several additional relevant rulings, as follows: HQ 
H304677, dated April 21, 2023; HQ H301910, date August 5, 2019; HQ 
H287548, dated March 23, 2018; HQ H219519, dated April 3, 2013; and 
HQ H018467, dated January 4, 2008. The applicability of each ruling 
is discussed below.
    In HQ H304677, CBP considered the country of origin of various 
models of multi- and single-function printers that underwent final 
assembly in Mexico. Most of the components for the printers were 
assembled in China to create subassemblies referred to as ``printer 
transports,'' which consisted of the basic housing and associated 
structures (e.g., frames, covers, laser scanning unit, power supply 
unit). The units' PCBAs were manufactured in Mexico via surface 
mount and pin through hole technology. The devices' firmware was 
downloaded in Mexico, but was architected and designed in the United 
States, with support from an entity in the Philippines. In 
determining the country of origin to be China, CBP noted that the 
Mexican-origin PCBA did not serve as the only fundamental 
functioning component of the printers, but that the other Chinese-
origin components also proved critical in enabling the units to 
perform their function, including feeding the paper and printing 
images onto the paper.
    In HQ H301910, CBP considered the country of origin of mailing 
machine engines used in certain postage meters. In that ruling, the 
body of the engine was assembled in China and then transported to 
Japan where the Japanese-origin PCBA, print head, and print control 
and diagnostic firmware were installed. Testing and packaging also 
occurred in Japan. CBP determined that the main PCBA, the print 
control firmware, and the print head constituted the primary and 
fundamental essence of the mailing machine engine because these 
components controlled the engine's function, operations, and enabled 
the printing of the correct postage. In particular, the main PCBA 
itself was composed of components essential to the fundamental 
function and primary purpose of the engine including the CPU, the 
memory, and the Field-Programmable Gate Array--all of which combined 
to form the ``brain'' of the machine. CBP held that, inasmuch as the 
main PCBA, the print control firmware, and the print head were all 
produced in Japan, the country of origin of the mailing engine 
machine was Japan.
    In HQ H287548, CBP determined that the country of origin of a 
monochrome laser printer was Japan despite having component parts 
sourced from several countries and where the final assembly took 
place in the United States. In HQ H287548, the main PCB and firmware 
were produced in Japan, while the fuser unit, automated document 
feeder unit, photo conductor, toner cartridge, operation panel, and 
body unit were all assembled in Vietnam from components sourced from 
a variety of countries, including the Philippines, Vietnam, and 
China. CBP determined that the Japanese-origin PCB and firmware 
imparted the essential character of the laser printer because the 
firmware provided the control program for the printers and enabled 
the main PCB assembly to function as the electronic ``brains'' of 
the printers by controlling all printer functions. Moreover, the 
production of the feeder unit, fuser unit, photo conductor, toner 
cartridge and operation panel occurring in Vietnam was inexpensive 
and did not require a sophisticated skill set to effect production. 
Likewise, the final manufacturing in the United States was concluded 
in 40 minutes (including testing), which did not rise to the level 
of complex processes necessary for a substantial transformation to 
occur.
    In HQ H219519, CBP considered the country of origin of a laser 
jet printer and fax machine made up of Chinese parts that was 
assembled in Mexico. The laser jet printer/fax machine was composed 
of a print engine, motors, control board (with firmware), paper 
trays, rollers, transfer belt, formatted printed circuit boards, and 
other components. CBP determined that the assembly in Mexico was not 
complex or significant enough to result in a substantial 
transformation, rendering the country of origin as China. CBP 
explained that the assembly in Mexico did not change or define the 
use of the finished laser jet printer/fax machine. CBP considered 
the

[[Page 50601]]

amount of time to complete the final assembly of the product. In one 
scenario, the timeframe to complete the assembly was three to four 
minutes. In the second scenario, it took seven to eight minutes and 
in a third scenario assembly was completed within two to three 
minutes. Meanwhile, the complexity, time and skill involved in 
producing the Chinese-origin controller board (with firmware), 
printed circuit boards, print engine and the remaining components 
exceeded the simplistic assembly that took place in Mexico. Finally, 
CBP reasoned that since the print engine was the central mechanism 
by which the printer/fax machine performed its printing and because 
the controller board and PCB were the central command components 
that determined when and how the machines were to function, these 
components combined to impart the essential character of the overall 
printer/fax machine.
    Finally, in HQ H018467, CBP considered two manufacturing 
scenarios for multi-function printers. In one scenario, 
manufacturing took place in two countries; in the other, it took 
place in three countries. In the two-country scenario, 18 units were 
manufactured in the Philippines from components produced in various 
countries. The units were sent to Japan where the system control 
board, engine control board, organic photoconductor (``OPC'') drum 
unit, and the toner reservoir were manufactured and incorporated 
into the units. The control boards were programmed in Japan with 
Japanese firmware that controlled the user interface, imaging, 
memories, and the mechanics of the machines. The machines were then 
inspected and adjusted as necessary. CBP found that the 
manufacturing operations in Japan substantially transformed the 
Philippine units such that Japan was the country of origin. In 
making the determination (and in addition to the finding that 
operations performed in Japan were meaningful and complex and 
resulted in an article of commerce with a new name, character and 
use), CBP considered the fact that the system control board, the 
engine control board, and the firmware, which were very important to 
the functionality of the machines, were manufactured in Japan.
    The relevant judicial precedent and CBP rulings indicate that 
the component (or components) that imparts the character of a 
product will be a significant factor in determining the country of 
origin of a product. This matter is most like HQ H304677, in which 
we determined that certain printer units assembled in Mexico from 
various Chinese-origin components, a Mexican-origin PCBA, and U.S.-
origin firmware to be of China origin. As in HQ H304677, we find 
that the subject PCBA does not serve as the only fundamental 
functioning component of the thermal printers. Although the PCBA and 
Japanese-origin firmware enable the thermal printers to communicate 
with external devices and process the images to be printed, the 
other components and assemblies are also critical in enabling the 
printer to form text or images and apply heat to the paper to create 
text or images. For instance, the Chinese-origin print head 
physically applies heat to the treated paper to produce an image. 
Likewise, a Chinese-origin flexible PCBA controls each printer's on/
off function, and a Chinese-origin radio circuit also facilitates 
the device's communication with external devices. See also, HQ 
H301910, supra (noting PCBA, print head, and firmware are all 
essential to a printer's function). This matter is further 
distinguishable from HQ H287548 in which we determined that that the 
Japanese-origin PCBA and firmware conferred the essential character 
of a printer that was assembled in the United States from components 
sourced from a variety of countries, including Japan, the 
Philippines, China, and Vietnam (where many of the foreign-origin 
components were assembled into discrete subassemblies). In the 
present matter, by contrast, the largest portion of both cost and 
components used in producing the subject thermal printers is 
imparted by the Chinese-origin components.
    This matter is also distinguishable from HQ H018467 (which was 
decided before Energizer Battery) in which CBP determined, in 
relevant part, the country of certain multi-function printers to be 
Japan where Philippine-origin subassemblies manufactured from 
components produced in various countries were combined in Japan with 
Japanese-origin system control board, engine control board, OPC drum 
unit, toner reservoir and firmware. In finding the country of origin 
to be Japan, CBP also found the assembly operations occurring in 
Japan to be complex and meaningful. In contrast to HQ H018467, here, 
although the PCBA and firmware originated in Japan as in HQ H018467, 
the subject thermal printers contained no other components 
originating in Japan; instead, as noted above, the overwhelming 
majority, approximately 97%, of components, originated in China. 
Furthermore, and again unlike in HQ H018467, the assembly operations 
occurring in Japan are not complex or meaningful. Instead, outside 
of the PCBA assembly, the Japanese assembly process consists of 
simple steps such as mounting, attaching, fitting, and screwing the 
imported components together. See also, HQ H219519 (finding final 
assembly in Mexico not complex or meaningful). Therefore, as with HQ 
H304677, we find the present scenario is analogous to Uniroyal and 
Energizer Battery where the imported material did not undergo a 
substantial transformation. While Uniroyal did not go into detail 
concerning the manufacture and contribution of the sole to the shoe, 
the decision recognized that it was the manufacture of the upper, 
just like the many Chinese printer components here, that provided 
the character to the finished article. Similarly, we find that the 
mechanical printing functions are imparted by the Chinese-origin 
components.
    Based on the foregoing, we find that the country of origin of 
the subject thermal printers is China and, therefore, would not be 
products of a foreign country or instrumentality designated pursuant 
to 19 U.S.C. 2511(b)(1).

Holding

    Based on the facts and analysis set forth above, the country of 
origin of the instant thermal printers will be China.
    Notice of this final determination will be given in the Federal 
Register, as required by 19 CFR 177.29. Any party-at-interest other 
than the party which requested this final determination may request, 
pursuant to 19 CFR 177.31, that CBP reexamine the matter anew and 
issue a new final determination. Pursuant to 19 CFR 177.30, any 
party-at-interest may, within 30 days of publication of the Federal 
Register Notice referenced above, seek judicial review of this final 
determination before the U.S. Court of International Trade.

Sincerely,

Alice A. Kipel, Executive Director, Regulations and Rulings, Office 
of Trade.

[FR Doc. 2024-13115 Filed 6-13-24; 8:45 am]
BILLING CODE 9111-14-P