CLA-2 CO:R:C:V 555174 GRV
9802.00.50, HTSUS (formerly 806.20, TSUS)
          Mr. Richard G. Seley
          Rudolph Miles & Sons, Inc.
          Customhouse Brokers
          4950 Gateway East
          P.O. Box 144
          El Paso, Texas  79942
          RE:  Applicability of HTSUS subheading 9801.00.10 or HTSUS sub-
               heading 9802.00.50 to plastic banner products to be imported
               from Mexico
          Dear Mr. Seley:
               This is in response to your letters of November 4, 1988, and
          March 15, 1989, on behalf of Hallmark Marketing Corporation,
          requesting a ruling on the applicability of either subheading
          9801.00.10 or 9802.00.50, Harmonized Tariff Schedule of the
          United States (HTSUS), to plastic decorative banners to be cut to
          shorter lengths and packaged in Mexico.  You also inquire as to
          the proper tariff classification and country of origin marking
          requirements for this merchandise.  A sample banner was submit-
          ted for examination.
          FACTS:
               You state that decorative banners, bearing repetitive holi-
          day greetings, are finished products of U.S. origin.  A single
          banner greeting measures approximately 32 inches in length and is
          repetitively printed approximately 52 times on continuous sheets
          of plastic, each measuring 140 feet in length, which are exported
          in rolls.  The banner rolls and U.S. packaging materials, con-
          sisting of plastic baggies and cardboard boxes, will then be sent
          to Mexico for packaging.  The operations to be performed in
          Mexico consist of rolling off as many repetitions of the holiday
          greeting as are required (usually 5 to 7), cutting the banner to
          length at a right angle, conformity folding the banner to fit
          into the 2 inch wide by 4 inch in length baggie, and inserting
          the banner into the plastic package for retail sale.  These indi-
          vidual baggies are then packaged into larger, nonreusable card-
          board packing containers of a kind normally used for packaging
          such goods.
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          ISSUE:
               Whether the returned, packaged banners are entitled to the
          benefits of either HTSUS subheading 9801.00.10 or 9802.00.50.
          LAW & ANALYSIS:
               Effective January 1, 1989, the HTSUS superseded and re-
          placed the TSUS.  TSUS item 800.00 was carried over into the
          HTSUS without change as subheading 9801.00.10.  This tariff
          provision provides for the duty-free entry of U.S. products that
          are exported and returned without having been advanced in value
          or improved in condition by any means while abroad, provided the
          documentary requirements of section 10.1, Customs Regulations (19
          CFR 10.1), are met.
               TSUS item 806.20 was carried over into the HTSUS, in part,
          as subheading 9802.00.50.  This tariff provision provides a
          partial duty exemption for articles returned to the U.S. after
          having been exported to be advanced in value or improved in
          condition by means of repairs or alterations (other than under
          warranty).  Under this tariff provision, there is a duty only
          upon the value of the foreign repairs or alterations, provided
          the documentary requirements of section 10.8, Customs Regulations
          (19 CFR 10.8), are met.
               Regarding the duty exemption under HTSUS subheading
          9801.00.10, in Border Brokerage Company, Inc. v. United States,
          65 Cust.Ct. 50, C.D. 4052, 314 F.Supp. 788, 792 (1970), appeal
          dismissed, 58 CCPA 165 (1970), the U.S. Customs Court stated
          that:
               ...the test to be applied in item 800.00 cases is whether
               the merchandise of American origin has itself (apart from
               its container) been the object of advancement in value or
               improvement in condition while abroad.
               In the instant case, the exported banner rolls themselves
          will be subjected to an operation which results in the merchan-
          dise being advanced in value or improved in condition.  The ban-
          ner product to be packaged abroad is cut to shorter lengths from
          a continuous roll of banner messages measuring approximately 140
          feet in length.  In regard to HTSUS subheading 9801.00.10, we
          have previously stated that cutting exported merchandise to
          length generally results in advancing it in value or improving it
          in condition.  Headquarters Ruling Letters 554736 (February 16,
          1988) and 554899 (March 4, 1988).  In the instant case, decora-
          tive banners cut to shorter lengths for retail sale clearly are
          more marketable than rolls of banners in 140-foot lengths and
          this change in the banners' marketability constitutes an
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          improvement in the merchandise's condition.  Thus, the returned
          banners will not be eligible for the duty exemption available
          under HTSUS subheading 9801.00.10.
               Regarding the partial duty exemption under HTSUS subheading
          9802.00.50, in Dolliff & Company, Inc., v. United States, 66 CCPA
          77, C.A.D. 1225, 599 F. 2d 1015 (1979), the U.S. Court of Customs
          and Patent Appeals stated that:
               ...repairs and alterations are made to completed articles
               and do not include intermediate processing operations which
               are performed as a matter of course in the preparation or
               the manufacture of finished articles. (Court's emphasis).
          Thus, the focus is upon whether the exported article is
          "incomplete" or "unsuitable for its intended use" prior to the
          foreign processing.  Guardian Industries Corp. v. United States,
          3 CIT 9 (1982).
               In this case, the sample submitted evidences the fact that
          the exported banners are incomplete products since they are
          unsuitable for their intended use in the continuous lengths (140
          feet) in which they are exported.  We have previously held in a
          ruling dated September 20, 1983 (HQ 071475), concerning TSUS item
          806.20 that:
               ...where rolls of material are exported and finished goods
               are returned merely by cutting to length, this cutting
               constitutes a finishing step in the manufacture of the
               goods, converting large rolls of raw material to finished,
               usable sheets.  The conversion from material lengths to
               finished products exceeds the meaning of the term
               "alterations" under this tariff provision.
          See, also, Headquarters Ruling 554736 dated February 16, 1988.
          Thus, it is our opinion that the cutting to length operation in
          the instant case constitutes a finishing step in the manufacture
          of the completed banners, thereby precluding application of HTSUS
          subheading 9802.00.50 to the returned merchandise.
               Regarding country of origin marking requirements, section
          304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304),
          generally provides that all articles of foreign origin (or their
          containers) imported into the United States are required to be
          legibly, conspicuously, and permanently marked to indicate the
          country of origin to an ultimate purchaser in the United States.
          For purposes of this statute, "country of origin" means the
          country of manufacture, product or growth of any article of
          foreign origin entering the United States.  Further work or
          material added to an article in another country must effect a
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          substantial transformation in order to render such other country
          the "country of origin" (19 CFR 134.1).  In Upjohn Co. v. United
          States, 623 F.Supp. 1281 (CIT 1985), the U.S. Court of
          International Trade stated that:
               [e]xported American products retain their identity as
               American products, provided they are not transformed into
               new products while abroad.
               In this case, we believe that for purposes of marking the
          imported product is a product of the United States.  Although the
          exported continuous rolls of banner material are advanced in
          value, they are merely processed into finished articles by a
          cutting to length operation while abroad, which does not sub-
          stantially transform them into products of Mexico.  Accordingly,
          the returned banners will remain products of the U.S. for country
          of origin marking purposes and are excepted from the marking
          requirements of 19 U.S.C. 1304.
               Your question concerning the tariff classification of the
          plastic decorative banners will be addressed in a separate
          letter.
          HOLDING:
               On the basis of the information and sample submitted, we
          conclude that the cutting to length operation advances in value
          and improves in condition the exported banners.  This renders the
          returned banners ineligible for the duty exemption available
          under HTSUS subheading 9801.00.10.  Further, the banners are
          incomplete articles as exported and the foreign cutting to length
          operation serves as a finishing process.  This renders the
          returned banners ineligible for the partial duty exemption avail-
          able under HTSUS subheading 9802.00.50.  Therefore, the returned
          banners will be dutiable on their full value.  However, the
          cutting to length operation does not transform the exported
          banner products into new products while abroad.  Thus, the
          returned banners remain products of the U.S. for country of
          origin marking purposes.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division