NY G86008 - Country of origin, Generalized System of Preferences determination for automobile gearshift knobs, and automobile wire harnesses from Romania; 19 CFR §10.171, 19 CFR §10.174 and 19 CFR§175. - United States International Trade Commision Rulings

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NY G86008

January 16, 2001

CLA2-RR:NC:MM:101 G86008

CATEGORY: CLASSIFICATION

Ms. Kathy Young
Customs Coordinator
DAA Draexlmaier Automotive of America LLC 1751 East Main Street
PO Box 1345
Duncan, South Carolina 29334

RE: Country of origin, Generalized System of Preferences determination for automobile gearshift knobs, and automobile wire harnesses from Romania; 19 CFR §10.171, 19 CFR §10.174 and 19 CFR§175.

Dear Ms. Young:

This is in reply to your letter dated December 22, 2000, requesting a Country of origin, Generalized System of Preferences determination for automobile gearshift knobs and automobile wire harnesses that will be imported into the United States.

FACTS:

You have presented two scenarios:

In the first scenario you state that you buy gearshift knobs from SC Rolem SRL in Romania. The parts are sent by truck from Romania to Austria and flown to the United States. You state that these shipments are sent to Austria for export to the United States because Romania does not have any means of reliable transportation for export. Therefore the parts are trucked directly to Austria. The goods do not enter the commerce of Austria - only Customs "formalities" are done and then the goods are flown directly to the United States for importation by DAA Draexlmaier Automotive of America LLC. You have attached a letter to your request for a Binding Ruling from SC Rolem SRL verifying the above facts and a letter from SC Rolem SRL detailing the manufacturing process.

In the second scenario you state that you also import automobile wire harnesses from Romania where they are sent to your parent company in Vilsbiburg, Germany. These shipments are trucked directly to Germany for the same reason as listed in the first scenario. The goods do not enter the commerce of Germany - only for Customs "formalities" and then the goods are flown directly to the United States.

ISSUE:

Are the automobile gearshift knobs and wire harnesses entitled to duty free treatment under Generalized System of Preferences (GSP)?

GENERALIZED SYSTEM OF PREFERENCES- LAW AND ANALYSIS:

Title V of the Trade Act of 1974 as amended (19 U.S.C. 2461-2465) authorizes the President to establish a Generalized System of Preferences (GSP) to provide duty-free treatment for eligible articles imported directly from developing countries. Beneficiary developing countries are articles eligible for duty-free treatment are designated by the President by Executive Order in accordance with sections 502(a)(1) and 503(a) of the Trade Act of 1974 as amended (19U.S.C. 2462(a)(1), 2463(a)).

§10.174 Evidence of Direct Shipment - states that the port director may require that appropriate shipping papers, invoices, or other documents be submitted within 60 days of the date of entry as evidence that the articles were "imported directly" as defined in §10.175.

§10.175 states that eligible articles shall be imported directly from a beneficiary developing country to qualify for treatment under the Generalized System of Preferences. For purposes of §§10.171 through 10.178 the words "imported directly" mean:(b) If the shipment is from a beneficiary developing country to the U.S. through the territory of any other country, the merchandise in the shipment does not enter the commerce of any other country while en route to the U.S., and the invoice, bills of lading, and other shipping documents show the U.S. as the final destination.

HOLDING:

Automobile gearshift knobs classifiable under subheading 8708.99.6790, HTSUS, which are products of Romania, trucked to Austria without entering the commerce of Austria, and shipped for exportation to the United States are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Automobile wire harnesses classifiable under subheading 8544.41.8000, HTSUS, which are products of Romania, trucked to Germany without entering the commerce of Germany, and shipped for exportation to the United States are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin and entitlement to duty free treatment under Generalized System of Preferences (GSP). Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Robert DeSoucey at 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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