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Keywords

defendantmotionsummary judgmentmotion for summary judgment

Related Cases

Energizer Battery, Inc. v. United States, 190 F.Supp.3d 1308, 38 ITRD 2029

Facts

Energizer submitted a request for a final determination of the country of origin of its Generation II flashlight to CBP on March 28, 2012. CBP found that virtually all components of the flashlight, including the LED, were of Chinese origin and that the assembly process in the U.S. was simple and did not substantially transform the components. Energizer filed this action on May 31, 2013, after CBP issued its Final Determination on April 29, 2013, stating that the country of origin for government procurement purposes was China.

Issue

Whether the assembly operations performed in the United States resulted in a substantial transformation of the imported components of the Generation II flashlight.

Rule

An article is a product of a country only if it is wholly the growth, product, or manufacture of that country, or if it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article from which it was transformed.

Analysis

The court analyzed the assembly operations and determined that they did not change the name, character, or use of the imported components. The assembly process was deemed simple and did not require significant skill or complexity. The court concluded that the components retained their identity and did not undergo a substantial transformation, as they were designed for the specific purpose of being assembled into the flashlight.

Conclusion

The court granted the defendant's motion for summary judgment, concluding that the imported components were not substantially transformed by the assembly operations performed in the United States.

Who won?

United States, as the court found that the assembly operations did not result in substantial transformation of the imported components.

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