Devices From China Not Substantially Transformed by US Programming: CBP
A fitness data recording device that lacks programming is considered a product of China, Customs and Border Protection determined Monday. The Whoop Strap is programmed in the U.S. after being imported. “The article, in its condition as imported, is incomplete…
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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 isn't 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.