CBP Government
Procurement Determination
on Certain Fiber Optic Cable
With End Connectors
U.S. Customs and Border Protection has published a notice containing its
final determination (HQ H025747, issued June 20, 2008) that the U.S. is
the country of origin for certain fiber optic cable with end connectors1
for purposes of U.S. government procurement.
As a result, the subject fiber optic cable will be considered to be a
product of the U.S. under an undesignated government procurement contract.
(CBP issues country of origin advisory rulings and final determinations
on 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.)
CBP states that its determination
was issued at the request of Score Fiber Optics (Score), which also asked if it
could mark the cable as “Made in the United States.”
Manufacturing Scenario
Described
Both Score and its parent company, Epcom, purchase fiber optic cable
produced in the U.S. from an unrelated company in the U.S., Corning, Inc.
Score exports the spools of finished fiber optic cable to China where
the fiber optic cable is cut to length and metal connectors made in China are
applied.
Subject Products Not
Substantially Transformed in China or Given New Character
Based on the facts presented, CBP
finds that the subject U.S.-origin fiber optic cable exported to China and
processed in China as described above, is not substantially transformed in
China into a new and different article of commerce with a name, character, and
use distinct from the article exported.
Therefore, CBP has determined
that the fiber optic cable with end connectors is considered a product of the
U.S. for the purpose of government procurement.
(CBP adds that the subject cable
is not required to be marked ‘‘Made in China,’’ but for a determination as to
whether Score may mark the finished product ‘‘Made in the U.S.,’’ the Federal
Trade Commission should be contacted.)
Any
Party-at-Interest May Request Judicial Review Within 30 Days
CBP states that any party-at-interest, as defined in 19 CFR 177.22(d),
may seek judicial review of this final determination by July 28, 2008. In
addition, under 19 CFR 177.31, any party-at-interest other than the party which
requested this final determination, may request that CBP reexamine the matter
anew and issue a new final determination.
1The finished
article is used to connect equipment to telecommunication networks.
CBP contact – Gerry O’Brien
(202) 572-8792
CBP final determination (FR
Pub 06/26/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-14531.pdf
Published in ITT on June 30, 2008 | [Ref: 08063030] |
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