Background

U.S. Customs and Border Protection has issued a final determination concerning the country of origin of patient ceiling lift systems that may be offered to the U.S. government under undesignated government procurement contracts.

According to CBP, the fixed and portable systems will be installed a patients’ residences and healthcare settings. They consist of tracks of Canadian or Mexican origin, charging stations and gantries of U.S. origin, carry bars of Chinese or Canadian origin, motors of U.S. or United Kingdom origin, and hardware components of U.S., Taiwanese, Chinese, Canadian, or Mexican origin. The lift motor, charging station, and gantry are sub-assembled in the U.S. and the final assembly in the U.S. fully integrates the subassemblies, the tracks, and the above-ceiling attachments.

In ruling HQ H309124, CBP concludes that these items would not be products of a foreign country or instrumentality for purposes of U.S. government procurement. However, CBP advises the requester to consult with the relevant government procuring agency to determine if the items qualify as U.S.-made end products for purposes of the Federal Acquisition Regulations implementing the Trade Agreements Act.

Any party-at-interest may seek judicial review of this determination by July 14. 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.

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