DRA-2-02:CO:R:C:E 224402 AJS

Mr. Alfred D'Amico
Duty Drawback Services, Inc.
P.O. Box 398
Farmington, MI 48332-0398

RE: Assembly of wooden boxes; 19 U.S.C. 1313(a); "manu- factured or produced"; C.S.D. 79-40; Anheuser-Busch Brewing Association v. U.S.; 19 U.S.C. 1313(j)(1); exportation; 19 CFR 101.1(k); U.S. v. The National Sugar Refining Co.; C.S.D. 81-143; 31 Op. Attys. Gen. 1.

Dear Mr. D'Amico:

This is in reply to your letter of January 5, 1993, concerning the drawback eligibility of component parts for wooden boxes.

FACTS:

A United States manufacturer imports duty paid components of wooden boxes from Canada. Each component has a specific part number. These boxes are designed to be assembled to customer specification for carrying designated automotive parts overseas. They are also designed to be disassembled as well. Once imported, these components are assembled into box configurations for specified automotive parts.

When the boxes of automotive parts are shipped overseas, they are registered as Instruments of International Traffic (IITs). As IITs, no duty is paid when the boxes enter a foreign country. After the boxes are emptied, they are broken down into their individual component parts and shipped back to the U.S. for reuse. They reenter the U.S. as IITs and no duty is paid on the components. The box components may be reused four to five times during their useful life, and are eventually destroyed overseas when they are no longer of use. The boxes appear to remain under the ownership of the U.S. manufacturer during this entire scenario.

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ISSUE:

Whether the subject box components are eligible for drawback. More specifically, whether the use of U.S. owned boxes as IITs is an "exportation" for drawback purposes. Also, whether the destruction of the box components overseas is an "exportation".

LAW AND ANALYSIS:

This request does not indicate which specific drawback provision that you believe is applicable. Therefore, we will consider the provisions which may be applicable in our view. 19 U.S.C. 1313(a) provides that "[u]pon the exportation of articles manufactured or produced in the United States with the use of imported merchandise, the full amount of duties paid upon the merchandise so used shall be refunded as drawback, less 1 per centum of such duties . . ." In this case, component parts of wooden boxes are imported from Canada with duty paid upon them. These boxes are assembled nonpermanently into specified configurations for certain automotive parts. This assembly process raises the question of whether an article has been "manufactured or produced" in the United States.

In C.S.D. 79-40, Customs stated that "[m]anufacture or production is defined for drawback as the process or pro- cesses which, through labor and manipulation, change or transform an article or articles into a new and different article having a distinctive name, character or use." See, for example, Anheuser- Busch Brewing Association v. United States, 207 U.S. 556 (1907). This definition requires consideration of both the process and the result. Unless the process itself requires significant effort, measured in terms of capital, labor, and complexity, the change is too insignificant to be considered a manufacture or production. The nonpermanent assembly of wooden box components into boxes would not appear to require any significant amount of effort in terms of either capital, labor or complexity. Accord- ingly, we conclude that the subject assembly is too insignificant a process to be considered a manufacture or production. Therefore, the box components are not eligible for drawback under 19 U.S.C. 1313(a).

19 U.S.C. 1313(j)(1) provides that "[i]f imported merchandise, on which was paid any duty, tax, or fee imposed under federal law because of its importation-

(A) is, before the close of the three year period beginning on the date of importation-

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(i) exported in the same condition as when imported, or (ii) destroyed under Customs supervision: and

(B) is not used within the United States before such exportation or destruction;

then upon such exportation or destruction 99 per centum of the amount of each such duty, tax, and fee so paid shall be refunded as drawback. The box components do not appear to satisfy the requirements of this provision. First, the components will not be exported in the same condition as when imported because they are assembled into boxes prior to exportation. In addition, the eventual destruction of the components will occur overseas and thus outside of Customs supervision. Lastly, the components will be used within the U.S. to assemble boxes. Consequently, the subject box components are also not eligible for drawback under 19 U.S.C. 1313(j)(1).

Your letter specifically raises the question of whether the subject box components qualify as an exportation for drawback purposes. 19 CFR 101.1(k) defines the term "exportation" as "a severance of goods from the mass of things belonging to this country with an intention of uniting them with the mass of things belonging to some foreign country." See also United States v. The National Sugar Refining Co., 39 C.C.P.A. 96, 100 (1951). This definition excludes from the term "exportation" merchandise that is shipped "abroad with the intention of returning it to the United States with a design to circumvent provisions of restrictions or limitations in the tariff laws or to secure a benefit accruing to imported merchandise" such as the drawback laws. In this case, there does not appear to be any intention of returning the box components to the U.S. with a design to secure drawback. This conclusion is based on the fact that the box components are instead returned to the U.S. for reuse as IITs.

In C.S.D. 81-143, Customs ruled that cargo containers manufactured in the U.S. with foreign components are eligible for refunds of duty as drawback when such containers are manufactured under drawback regulations and exit the U.S. in international traffic under foreign ownership (emphasis added). In addition, we stated that the resolution of the exportation issue depends upon the ownership of the articles at the time they leave the country. In this instance, the boxes appear to be owned by the U.S. manufacturer when they leave the country as well as the remainder of the time that they are in use. Accordingly, the subject boxes do not

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satisfy the foreign ownership requirement when they exit the U.S. as IITs. Therefore, the use of U.S. owned boxes as IITs is not an exportation for drawback purposes.

Your request also raises the issue of whether the box components are exported when they are destroyed overseas. Generally, we follow the opinion of the Attorney General that the shipping of merchandise out of the U.S. simply for destruction does not constitute an exportation for drawback. 31 OP. Attys. Gen. 1 (1916) (A.G.). In that case, cigarettes manufactured with the use of Turkish tobacco were sold for sale in the domestic market. After they deteriorated and became unsalable, the cigarettes were sent abroad for destruction. This situation was held not to be an exportation for drawback purposes. The Attorney General decision relied on the finding that "the courts have almost uniformly construed the words 'export' and 'exportation' . . . as embodying the idea of introduction of merchandise into a country for consumption, use, or sale." A.G., p. 7. Clearly in that case, the cigarettes were not sent abroad for any of these purposes. In this instance, the reason that the box components are withdrawn from international traffic overseas is so that they may be destroyed. Like the above discussed cigarettes, they are also deteriorated and unusable. In addition, the box components are not introduced into the foreign country for either consumption, use or sale. Thus, in our view the destruction of the box components overseas is not an exportation for drawback purposes.

HOLDING:

The subject box components are not eligible for drawback under either 19 U.S.C. 1313(a) or (j)(1). Neither the use of U.S. owned boxes as IITs nor the destruction of the box components overseas qualifies as an exportation for drawback purposes.


Sincerely,


John Durant, Director
Commercial Rulings Division