N309082

N309082 February 12, 2020 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification TARIFF NO.: 9022.19.0000 Ms. Julie Obecanov Olympus Scientific Solutions Technologies, Inc. 110 Magellan Circle Webster, TX 77598 RE: The tariff classification and country of origin of an X-ray Fluorescence Analyzer from Canada; Article 509 Dear Ms. Obecanov: In your letter dated January 20, 2020, you requested a tariff classification and country of origin ruling. The subject product is identified as an “X-Ray Fluorescence (XRF) Analyzer,” measuring 8.3 cm × 28.9 cm × 24.2 cm. It has a wide video graphics array display with a 800 × 480 (WVGA) LCD with capacitive touch screen supporting gesture control, an 18V DC power supply, 14.4V Li-Ion battery, a 2-watt X-ray tube with 35 kV tungsten anode excitation source, a Silicon PIN detector, and a fixed aluminum filter. The product is used to determine the elemental composition of materials by measuring the fluorescent (or secondary) X-ray emitted from a sample when it is excited by a primary X-ray source. Industrial uses include but are not limited to soils and sediment analysis, manufacturing quality assessment and control, mining and geochemistry, recycling and scrap sorting, precious metal identification, and other applications. In your letter, you propose that the XFR Analyzer is classified in subheading 9022.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts and accessories of apparatus based on the use of x-rays. However, the imported product is a complete XFR Analyzer and is not a part of apparatus based on the use of x-rays. Therefore, it will be classified elsewhere. The applicable subheading for the imported XFR Analyzer will be 9022.19.0000, HTSUS, which provides for “[a]pparatus based on the use of X-rays, whether or not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus: [f]or other uses.” The general rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current. In your letter, you also seek a country of origin determination of the imported XFR Analyzer composed of 20 parts. Thirteen of them are originated in the United States and the rest are sourced in Canada. All parts are assembled together into the finished product in Canada using custom fixtures and hand and power tools, then it will be imported into the United States for the testing and calibration. None of the U.S. origin parts are classifiable in the same subheading as the XFR Analyzer. You confirm that the country of origin determination of the XRF Analyzer is not for the purpose of U.S Government procurement. Accordingly, the substantial transformation analysis used in your letter is inapplicable here to determine the country of origin. 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. Part 134, Customs and Border Protection (CBP) Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (NAFTA), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057) (December 8, 1993) and the appropriate CBP Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, CBP Regulations. The marking requirements of these goods are set forth in Part 134, CBP Regulations. Section 134.1 (b) of the regulations, defines “country of origin” as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. 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 this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added). Section 134.1(j) of the regulations, provides that the “NAFTA Marking Rules” are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations defines a “good of a NAFTA country” as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Part 102 of the regulations, sets forth the “NAFTA Marking Rules” for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations sets forth the required hierarchy for determining country of origin for marking purposes. See 19 C.F.R. § 102.11. Applied in sequential order, the hierarchy establishes that the country of origin of a good is the country in which: (a)(1) The good is wholly obtained or produced; (a)(2) The good is produced exclusively from domestic materials; or (a)(3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in Section 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied. Here, sections 102.11(a)(1) and 102.11(a)(2) do not apply because the XFR Analyzer will neither be wholly obtained or produced nor produced exclusively from “domestic” (Canadian, in this case) materials. Accordingly, each foreign material must meet the applicable change in tariff classification set out in Section 102.20 in order for the product to qualify to be marked as a product of Canada. “Foreign material” is defined in 19 C.F.R. § 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.” The tariff shift requirement in 19 C.F.R § 102.20 for a good of subheadings 9022.19 - 9022.90, HTSUS, requires “[a] change to subheading 9022.19 through 9022.90 from any other subheading, including another subheading within that group.” Because the non-originating parts are classified in a subheading other than 9022.19, we find that the country of origin of the imported XFR Analyzer for marking purposes will be Canada. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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 Fei Chen at fei.chen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division

used in your letter is inapplicable here to determine the country of origin.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. Part 134, Customs and Border Protection (CBP) Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (NAFTA), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057) (December 8, 1993) and the appropriate CBP Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, CBP Regulations. The marking requirements of these goods are set forth in Part 134, CBP Regulations.Section 134.1 (b) of the regulations, defines “country of origin” asthe country of manufacture, production, or growth of any article of foreign origin entering the U.S. 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 this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).Section 134.1(j) of the regulations, provides that the “NAFTA Marking Rules” are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations defines a “good of a NAFTA country” as an article for