Country of Origin

QUESTION: Just trying to figure out what FDA and CBP considers Country of Origin. Can they be different? What is main difference? Does FDA consider country of origin to be last country to manufacture? Does CBP consider country of origin to be last country where substantial transformation occurred? Is there anything in the 21CFR where […]

QUESTION: Can anyone provide a substantial transformation test or formula that can help me determine the COO for a product? My understanding is that for preferential treatment, each FTA has its own rules of origin. And for non-preferential treatment, the rule is the “substantial transformation.” Am I correct? Here is the scenario: 1. We currently […]

QUESTION: My company has run into a situation with Chinese Customs in regard to items being labeled with the COO as Taiwan. Customs is now putting more focus on this and are enforcing the regulation of items from Taiwan to be labeled as “TAIWAN PROVINCE OF CHINA”, “TAIWAN, CHINA”, “CHINESE TAIWAN”, etc. What implication would […]

QUESTION: Is there any resource or database that lists the non-preferential rules of origin for all countries? ========== Answers: “Substantial transformation” ========== There is no international standard set of non-preferential rules of origin. See the WTO web-page for more information: https://www.wto.org/english/tratop_e/roi_e/roi_e.htm. Paul Vandevert, Principal paul@ochimtradelaw.com +1 313.737.3675 www.ochimtradelaw.com ========== You can start here…https://www.wto.org/english/docs_e/legal_e/22-roo_e.htm ========== In […]

QUESTION: How are you dealing with issuing a Certificate of Origin document for non US goods when shipping to China? Is anyone using their invoice ONLY in order to fulfill the need for the Chinese regulation? *************** Answers: Invoice is not enough per my experiences. Certificate of origin issued by Chamber of commerce and industry […]

QUESTION: Can some experts help advise the correct country of origin of a KIT contains 2 computer boards form factors (COO = China/Hong Kong) and one computer cable (COO=CN). This KIT (3 items) was assembled (put up together) in Israel. I do not believe there is a change of name or substantial transformation from the […]

QUESTION: We’re looking to determine COO requirements on a global level. For example, The US uses 19CFR102 Rules of Origin and “Substantial Transformation” to determine COO. Where China or Turkey could have a different process to determine COO. In addition, COO labeling requirements, as they kind of go hand in hand. Can someone recommend a […]

QUESTION: Thank you all for your advice. However, the final info received is the 2 PCB “bare boards” themselves were produced in Hong Kong, then they were shipped to Israel and assembled in Israel all the components such as IC, memory, resistors, capacitors made in China. These 2 new boards (COO = HK) with active […]

QUESTION: Example we have top assembly part “A” assembled in China, “A” is made from components B, C, D & E. Sales price of “A” is $1,000, HTC 8483.40 BOM of “A” Question, how to determine the COO of “A”? One opinion, Value added % = 30% which meets China rule of COO for this […]

QUESTION: What is required in order for a country of origin to change in CBP eyes? ************** Answers: “substantial transformation” or free trade agreement qualification *************** There are 2 kinds of origin rules – one for non-preferential rules of origin that apply to goods where you don’t want to use a free trade program, and […]

QUESTION: Hoping you can help with some guidance on this. We purchase molecules for scientific research from a US supplier. The origin of the molecules changes from time to time – the supplier may source from a number of different countries. The supplier does not label the vials of product that we purchase – we […]