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 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.