U.S. Customs and Border Protection has issued a final determination concerning the country of origin of an intravenous set that may be offered to the U.S. government. Any party-at-interest may seek judicial review of this determination by June 23.
According to CBP, the item at issue is an IV set comprising a variety of U.S. and non-U.S. components. It has a patented selectable drop chamber that offers three settings allowing the user to adjust the drip rate for the fluids administered via the IV. The petitioner is contemplating five different sourcing scenarios in which the components originate from and are assembled in the U.S., China, Mexico, and/or India.
In ruling HQ H339462 CBP concludes that the selectable drop chamber imparts the IV set’s essential character because it serves its important function. As a result, the last substantial transformation of the IV set occurs in the U.S. in the three scenarios in which the SDC originates in the U.S., and the country of origin of the IV set in the two scenarios in which the SDC originates from Mexico is Mexico.
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. For more information on BAA requirements or restrictions, please contact Mark Segrist or Mark Tallo.
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