MAR 2-10 RR:TC:SM 559535 KBR

Leonard M. Fertman
2049 Century Park East, Suite 1800
Los Angeles, CA 90067

RE: Eligibility of calculators for duty-free treatment under the Generalized System of Preferences ("GSP"); imported directly; 19 CFR 10,175(b)

Dear Mr. Fertman:

This is in reference to your letter of October 19, 1995, on behalf of your client, CBM America Corp., requesting a ruling on the eligibility of calculators for duty-free treatment under the Generalized System of Preferences ("GSP"). We are sorry for the delay in responding.

FACTS:

In your submission you state that CBM America Corp., imports calculators from Malaysia, Thailand and other countries qualifying under the GSP as beneficiary developing countries. You state that the calculators will be temporarily stored in a warehouse in an intermediary country, such as Japan. You state that while in the intermediary country, the calculators will not be sold, manipulated, offered for sale at retail, repackaged, subdivided into lots for allocation to different customers, undergo a change in title, or otherwise enter the commerce of the intermediate country. The invoices, shipping documents and bills of lading will all show the U.S. as the final destination. You believe that, upon importation into the U.S., the calculators will still qualify as being "imported directly".

ISSUE:

Whether the calculators from Thailand and Malaysia or other beneficiary developing country are "imported directly" for purposes of the GSP when they are shipped through an intermediary country to the U.S. as described above.

LAW AND ANALYSIS:

Under the GSP, eligible articles the growth, product or manufacture of a designated beneficiary developing country (BDC) which are imported directly into the customs territory of the U.S. from a BDC may receive duty-free treatment if the sum of (1) the cost or value of materials produced in the BDC, plus (2) the direct costs of the processing operations performed in the BDC, is equivalent to at least 35 percent of the appraised value of the article at the time of entry into the U.S. See 19 U.S.C. 2463(b)(1). The phrase "imported directly" is defined in section 10.175 of the Customs Regulations (19 CFR 10.175). For purposes of this ruling, we will assume that the articles are GSP eligible, they are "products of" the GSP country, and the minimum local value-content requirement is met. . Therefore, the issue in this case concerns whether the calculators from Thailand and Malaysia or other BDCs are considered to be "imported directly" from the BDCs to the U.S., if they are shipped from the BDCs through Japan or other intermediary country, and subsequently entered into the U.S. Section 10.175, Customs Regulations (19 CFR 10.175) defines the term "imported directly" for purposes of the GSP. Under 19 CFR 10.175(b), merchandise shipped from a BDC through a non-BDC to the U.S. is "imported directly" if: (1) the merchandise does not enter into the commerce of any other country while en route to the U.S., and the invoices, bills of lading, and other shipping documents show the U.S. as the final destination.

In HQ 556079 dated July 2, 1991, ethylene glycol was produced in the Czech and Slovak Federal Republic (Czechoslovakia). However, as Czechoslovakia had no outlet on the sea, the produce had to be shipped overland from Czechoslovakia to Rotterdam, Netherlands, where it was held in storage tanks before being loaded onto a U.S.-bound ocean carrier and shipped to the U.S. In HQ 556079, it was possible that the ethylene glycol could be stored in the Netherlands for as long as 30 days. At no time did the ethylene glycol enter the commerce of the Netherlands or any other country of transshipment. Moreover, from the Czechoslovakia border until the goods were loaded on board the U.S.-bound ship, the merchandise was held under bond in storage. We held in HQ 556079 that if the invoice, bill of lading, GSP certificate, certificate of origin and other original shipping documents issued in Czechoslovakia showed the U.S. as the final destination, the ethylene glycol would be considered "imported directly" pursuant to 19 CFR 10.175(b). We stated that this requirement is intended both to establish a connection between the imported merchandise and its country of origin and to show that the passage of the merchandise through the intermediate country involved a mere transshipment rather than entry into the commerce of the intermediate country. Furthermore, we also noted that whereas this requirement does not preclude multiple modes of transportation such as air, sea or different carriers of the same type, the documents presented as evidence of compliance with this requirement must include the original shipping documents issued in the BDC, showing the U.S. as the final destination.

In another case involving the transshipment of merchandise from a BDC, HQ 071696 dated May 30, 1984, merchandise was shipped from Swaziland, a landlocked BDC country, through South Africa for shipment to the U.S. In that case, it was deemed impractical from a commercial standpoint to pack the merchandise for shipment in Swaziland. Therefore, the merchandise was transshipped by land to South Africa for both packing and shipment to the U.S. We held that under the facts presented, the packing of the merchandise in South Africa would cause the merchandise to enter the commerce of that country. We also stated that "assuming that shipment by air freight would not be possible, the only solution would be to avoid packing the merchandise in South Africa so that the importation could fall under the terms of section 10.175(b), Customs Regulations (19 CFR 10.175(b))." See also HQ 557933 (September 26, 1994).

Please note that, pursuant to 19 CFR 10.174, 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." In addition, this provision states that any evidence of direct shipment required by the port director shall be subject to such verification as the port director deems necessary.

In this instance, as the invoices, bills of lading and other original shipping documents to be issued in the BDC will show the U.S. as the final destination and the calculators will not enter the commerce of the intermediate country, the shipment will meet the requirements of 19 CFR 10.175(b). See HQ 555039 (June 16, 1989), HQ 557640 (January 5, 1994). Therefore, pursuant to the submission of the appropriate documentation, the calculators will satisfy the GSP "imported directly" requirement.

HOLDING: Based on the information submitted, we find that the calculators shipped from Thailand and Malaysia or other BDC through Japan or other intermediary country, before importation into the U.S., will satisfy the "imported directly" requirement under 19 CFR 10.175(b), assuming that the commercial invoices, bills of lading and other shipping documents show the U.S. as the final destination, and the calculators do not enter the commerce of the intermediate country.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

John Durant, Director
Tariff Classification Appeals Division