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CBP Identifies Country of Origin of CO2 Sampling Line Products for Government Procurement

Wednesday, July 16, 2014
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has issued a final determination (HQ H248851) concerning the country of origin of certain carbon dioxide sampling line products that may be offered to the U.S. government under an undesignated government procurement contract. This determination was issued July 8 and any party-at-interest may seek judicial review of it by Aug. 13. 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 purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. government.

The items at issue are medical devices designed to carry a patient’s breath to a monitor. Each sampling line includes tubing, a means of connecting to the patient (the patient interface) and a means of connection to a monitor. Components may include the following, depending on the model: a CO2 tube and/or O2 tube (manufactured in Israel and cut to length in China), a universal airway adapter (manufactured in China), a quick seal connector (assembled in China using goods from China and Israel), miscellaneous tubing (manufactured in Israel), a dryer used to reduce the humidity of the breath (manufactured in the U.S.) and connectors/slides to hold the tubing in place (manufactured in China). The devices are assembled in China and then sent to Israel for quality control, final inspection and packaging.

CBP concludes that the CO2 and O2 tubes perform the essential function of the finished product and that the Israeli-origin tubes are not substantially transformed by the cutting and assembly operations performed in China. As a result, the origin of the finished products for purposes of U.S. government procurement is Israel.

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