Devices From China Not Substantially Transformed by US Programming, CBP Says
A fitness data recording device that lacks programming is considered to be a product of China, CBP said in a final determination Dec. 14 on the origin for government procurement. The device, called a Whoop Strap, is programmed in the…
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U.S. after being imported. “The article, in its condition as imported, is incomplete and non-functional as it lacks the software and firmware necessary for it to function,” CBP said. “The incomplete Whoop Strap, at the time of importation, is a product of China. CBP is of the view that programming would not result in a substantial transformation.” China is not part of the World Trade Organization Government Procurement Agreement, which means the Whoop Strap as imported would not be considered “a product of a foreign country or instrumentality,” CBP said. “As to whether the Whoop Strap processed in the United States may be considered a 'U.S.-made end product' is under the jurisdiction of the procuring agency,” it said.