Background

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

According to CBP, these items are used in clinical or home settings to safely lift and/or transport immobilized individuals. Each lift consists of (1) a motor unit base that connects to a ceiling track system, (2) a horizontal bar with hooks on each end to which slings are attached, and (3) a retractable belt that connects these two components. Most of the individual components are manufactured in Canada or China and parts of the lifts’ subassemblies are predominantly or entirely of Chinese, Italian, Taiwanese, Canadian, or U.S. origin.  

In ruling HQ H311763, CBP concludes that these items are not considered products of a foreign country or instrumentality designated for purposes of U.S. government procurement. CBP notes that final assembly in the U.S. fully integrates the subassemblies and remaining component parts, is substantial and meaningful, and requires a good deal of skill, precision, and technical expertise as well as sophisticated testing and inspection of the products. As a result, the subassemblies and components are substantially transformed as a result of these assembly operations.

Any party-at-interest may seek judicial review of this determination by April 5. 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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