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CBP Rules on Origin of Tubing for Government Procurement Purposes

Monday, July 23, 2018
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has issued a final determination concerning the country of origin of insufflation tubing that may be offered to the U.S. government under an undesignated government procurement contract. Any party-at-interest may seek judicial review of this determination by Aug. 20. 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.

According to CBP, insufflation tubing is used to interconnect and deliver carbon dioxide gas from the insufflator machine to the patient during laparoscopic surgery. Insufflation tubing is typically three meters (around 10 feet) in length and composed of a long clear plastic tubing and a short blue plastic tubing, with a filter attached about 30 centimeters (12 inches) from one end. In this case the country of origin of the clear tubing, blue tubing, filter assembly, and fittings is China and the tubing is assembled, sterilized, packed, and labeled in the Dominican Republic.

CBP concludes in ruling HQ H298148 that the tubing will be considered a product of China for government procurement purposes. CBP explains that all of the components are sourced from China and there is no evidence that those components lose their separate identities as a result of the assembly process in the Dominican Republic or undergo a change in their pre-determined uses.

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