DRA-2-01 CO:R:C:E 224646 CB

Mr. Michael R. Smiszek International Licensing & Compliance General Electric Aircraft Engines 1000 Western Avenue, MD-27726 Lynn, MA 01910-0001

RE: Manufacturing drawback; 19 U.S.C. 1313(a); assembly of engine; HQ 224391

Dear Mr. Smiszek:

This is in response to your letter of April 12, 1993, wherein you requested a ruling on whether certain operations constitute a manufacture for drawback purposes.

FACTS:

On your original ruling request (HQ 224391, dated April 6, 1993) Customs held that the installation of numerous connecting parts and components onto an Accessory Gearbox (AGB) which is then installed in an engine prior to export constituted a "manufacture or production" for manufacturing drawback purposes under 19 U.S.C. 1313(a).

Presently, you are requesting an additional ruling on whether the configuration of the AGB in Lynn, Massachusetts, which is exported and then assembled onto the engine in foreign soil is a "manufacture or production" for drawback purposes. The AGBs are imported from Japan without the connecting hardware which consists of parts such as nipples, tubes, elbows, nuts, packings, washers, brackets, chip detectors, plug and bleeders, and oil strainers. The configured AGB is exported to Canada in the form of a modular kit for final assembly. The modular kit consists of subassemblies which, when assembled together becomes a complete engine.

ISSUE:

Whether the above-described process constitutes a manufacture for drawback purposes?

LAW AND ANALYSIS:

Section 313(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1313(a)), provides that upon the exportation of articles manufactured or produced in the United States with the use of imported merchandise, ninety-nine percent of the duties paid upon the merchandise so used shall be refunded as drawback.

The courts have set forth the proposition that "manufacture or production" implies a change, but every change is not a manufacture, despite the fact that every change in an article is the result of a treatment of labor and manipulation. The application of labor (and presumably capital) to any article was not thought by the courts to necessarily result in a manufacture or production. See Anheuser-Busch Brewing Association v. United States, 207 U.S. 556 (1907) and Hantranft v. Wiegman, 121 U.S. 609 (1887). Later, the courts held that if an operation renders a commodity or article fit for use for which it was otherwise not fit, the operation falls within the "letter and spirit" of "manufacture". United States v. International Paint Co. Inc., 35 CCPA 87, C.A.D. 376 (1948).

In C.S.D. 84-81 it was held that the programming of blank magnetic tapes for computer use constitutes a manufacture following the reasoning that if the "operation involves a special treatment of the imported merchandise to obtain certain physical properties required by the person performing the treatment, then the operation is a manufacture." In C.S.D. 84-52 it was held that the installation of a necessary component by noncomplex means in order to complete a larger apparatus constitutes a manufacture or production for drawback purposes. This decision was based on the United States Customs Court holding in C.J. Holt & Co., Inc. v. United States, 27 Cust. Ct. 88, C.D. 1352 (1951), that the assembly of a tire onto a wheel, and the placing of that assembly into an automobile trunk, was a manufacture or production for purposes of the drawback manufacturing law.

In the instant case, the AGB must be configured before it can be attached to an engine. The configuration requires the installation of numerous parts and components as mentioned above. Therefore, based on the above discussed Customs Service decisions, the described configuration process constitutes a "manufacture or production" for drawback purposes.

HOLDING:

The configuration of the Accessory Gearbox (AGB), dedicating it to a specific use, constitutes a manufacture or production for the purposes of 19 U.S.C. 1313(a).

Sincerely.

John Durant, Director Commercial Rulings Division