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CBP Identifies Country of Origin of Catheter Trays for Government Procurement

Thursday, July 10, 2014
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has issued a final determination (HQ H230416) concerning the country of origin of certain Foley catheter trays that may be offered to the U.S. government under an undesignated government procurement contract. This determination was issued June 30 and any party-at-interest may seek judicial review of it by Aug. 8. 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 sterilized, single-use plastic trays containing a catheter (attached to a drain bag) and all the equipment necessary to insert it, including patient drapes, hand sanitizer, sterile gloves, a syringe pre-filled with sterile water, lubricating jelly, iodine swabs, a syringe to draw a urine sample, securement devices and a specimen jar. The medical instruments and accessories are sourced from China (specimen container, catheter silver, gloves and drainage bag) and the U.S. and imported into Mexico, where they are placed into trays, packaged and boxed. The catheters are sourced in China, India or Canada, depending on the model.

CBP concludes that the operations carried out in Mexico do not result in a substantial transformation of the imported components into a product of Mexico. As a result, the origin of the finished trays for purposes of U.S. government procurement will be where the items of the various models were originally manufactured (China, India, Canada or the U.S.)

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