CBP Finds Mexico Country of Origin for Certain Multi-Function Office Machines
U.S. Customs and Border Protection has issued a final determination concerning the country of origin of certain laser-based multi-function office machines. CBP has concluded that the assembly and programming operations together convey the essential character of the laser-based multi-function office machines, and therefore, when they are assembled and programmed in Mexico, the country of origin for purposes of U.S. government procurement is Mexico.
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The final determination was issued at the request of Hewlett-Packard Company.
(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.)
Assembled and Programmed in Mexico from Assemblies of Various Origins
The final determination concerns the HP LaserJet Enterprise 500 MFP M525 (M525), which is a laser-based multi-function office machine that incorporates multiple functions, including printing, scanning, copying and faxing. The machines are composed of multiple non-functioning assemblies produced in various countries. For example, the print engine is produced in Vietnam. The formatter board is manufactured in China. The scanner/automatic document feeder is from the U.S. The control panel is in manufactured in China but designed in the U.S. The hard disk drive is from Malaysia, and the solid state drive is produced in China.
The assemblies and components are shipped to Mexico where they are assembled by skilled laborers. The U.S.-origin firmware is then downloaded and the M525 is programmed, so that the machine becomes functional. The assembled finished product is tested in Mexico, and prepared for shipping to its ultimate destination.
Machines Given Essential Character & Substantially Transformed in Mexico
Based on the facts provided, CBP finds that the assembly and programming of the office machines, which takes place in Mexico, convey the essential character of the laser-based multi-function office machines. It adds that this assembly and programming give rise to a new and different article, the HP LaserJet Enterprise 500 MFP M525, resulting in a substantial transformation of the various components.
Therefore, CBP determines the M525 to be considered a product of Mexico for purposes of U.S. Government procurement.
Any Party-at-Interest May Request Judicial Review by Jan 27
CBP states that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination by January 27, 2012. 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.
CBP contact - Christina Kopitopoulos (202) 325-0217
(FR Pub 12/28/11, HQ H185775)