CLA-2 CO:R:C:M 957188 KCC

Elizabeth J. Vann, Esq.
Kemp, Smith, Duncan & Hammond, P.C.
P.O. Box 2800
El Paso, Texas 79901-1441

RE: Wire Harnesses; automotive good; Article 509; NAFTA; copper rod; 7407.10.50; insulated copper wire; 8544.40.00; non-insulated copper wire; 7408; plastic seals; 4016.93.00; General Note 12(b)(ii); originating good; non-originating good; tariff shift requirement; General Note 12(t)/85.147 (A) and (B); General Note 12(f); de minimis; 7 percent; Section 2, 5 and 9(1) of the NAFTA Rules of Origin Regulation; traced material; light-duty automotive good; light-duty vehicle; Schedule IV of NAFTA Rules of Origin Regulation; non-originating material's value

Dear Ms. Vann:

This is in response to your letter dated October 20, 1994, on behalf of United Technologies Automotive, Inc. (UTA), concerning the applicability of the North American Free Trade Agreement (NAFTA) to wire harnesses when imported into the United States.

FACTS:

UTA's Mexican subsidiary will be manufacturing wire harnesses, which are to be imported into the U.S., for use as original equipment in the production of a good provided for under subheading 8702.10.60 or 8702.90.60, HTSUS, or subheadings 8703.21 through 8703.90, 8704.21 or 8704.31, HTSUS. UTA manufactures hundreds of different models of wire harnesses in which the exact types and numbers of components can vary from model to model. You state that the following six fact situations represent the situations encountered by UTA in its manufacturing operations:

1. Copper rod classifiable under subheading 7407.10.50, HTSUS, is imported into the NAFTA territory from outside the NAFTA territory, and processed in the NAFTA territory into insulated copper wire classifiable under subheading 8544.49.00, HTSUS. The insulated copper wire is then purchased by UTA and manufactured in Mexico into wire harnesses. The wire harnesses will then be imported into the U.S. by UTA under subheading 8544.30.00, HTSUS.

We are asked to assume that the copper rod imported into the NAFTA territory is not an "originating good." Additionally, we are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods".

2. Insulated copper wire classifiable under subheading 8544.49.00, HTSUS, is imported into the NAFTA territory from outside the NAFTA territory. The insulated copper wire is then purchased by UTA and manufactured in Mexico into wire harnesses. The wire harnesses will then be imported into the U.S. by UTA under subheading 8544.30.00, HTSUS.

We are asked to assume that the insulated copper wire, imported into the NAFTA territory is not an "originating good." Additionally, we are asked to assume that all other components of the wire harnesses, except for certain plastic seals classifiable under subheading 4016.93.00, HTSUS, meet the tariff shift requirements and/or are "originating goods".

We are also asked to assume that the value of the insulated copper wire which is imported into the NAFTA territory constitutes 7% of the total cost of each wire harness and that the value of the non-originating plastic seals which are incorporated into the wire harness constitutes 2% of the total cost of the wire harness, where there is no transaction value for the good under section 2(1) of Schedule III or the transaction value of the good is unacceptable under section 2(2) of Schedule III.

3. Insulated copper wire classifiable under subheading 8544.49.00, HTSUS, is imported into the NAFTA territory from outside the NAFTA territory. The insulated copper wire is then purchased by UTA and manufactured in Mexico into wire harnesses. The wire harnesses will then be imported into the U.S. by UTA under subheading 8544.30.00, HTSUS.

We are asked to assume that the insulated copper wire, imported into the NAFTA territory is not an "originating good." Additionally, we are asked to assume that all

other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods".

We are also asked to assume that the value of the non-originating wire insulated copper wire exceeds the de minimis amount found in General Note 12(f), HTSUS.

4. Insulated copper wire classifiable under subheading 8544.49.00, HTSUS, is imported into the NAFTA territory from outside the NAFTA territory. Non-insulated copper wire classifiable under heading 7408, HTSUS, is imported into the NAFTA territory from outside of the NAFTA territory. The non-insulated copper wire is insulated in the NAFTA territory to form insulated copper wire classifiable under subheading 8544.49.00, HTSUS. The imported insulated copper wire and the NAFTA manufactured insulated copper wire are then purchased by UTA and manufactured in Mexico into wire harnesses. The wire harnesses which include both imported insulated copper wire and NAFTA manufactured insulated copper wire, will then be imported into the U.S. by UTA under subheading 8544.30.00, HTSUS.

We are asked to assume that the insulated copper wire and the non-insulated copper wire, imported into the NAFTA territory are not "originating goods." Additionally, we are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods".

We are also asked to assume that the value of the non-originating insulated copper wire and the non-insulated copper wire exceeds the de minimis amount found in General Note 12(f), HTSUS.

5. Insulated copper wire classifiable under subheading 8544.49.00, HTSUS, is imported into the NAFTA territory from outside the NAFTA territory. Copper rod classifiable under subheading 7407.10.50, HTSUS, is imported into the NAFTA territory from outside of the NAFTA territory. The copper rod is extruded in the NAFTA territory to form copper wire and then insulated to form insulated copper wire classifiable under subheading 8544.49.00, HTSUS. The imported insulated copper wire and the NAFTA manufactured insulated copper wire are then purchased by UTA and manufactured in Mexico into wire harnesses. The wire harnesses which include both imported insulated copper wire and NAFTA manufactured insulated copper wire, will then be imported into the U.S. by UTA under subheading 8544.30.00, HTSUS.

We are asked to assume that the insulated copper wire and the copper rod, imported into the NAFTA territory are not "originating goods." Additionally, we are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods".

We are also asked to assume that the value of the non-originating insulated copper wire exceeds the de minimis amount found in General Note 12(f), HTSUS.

6. Insulated copper wire classifiable under subheading 8544.49.00, HTSUS, is imported into the NAFTA territory from outside the NAFTA territory. Non-insulated copper wire classifiable under heading 7408, HTSUS, is manufactured in the NAFTA territory from NAFTA origin ore and/or NAFTA origin copper rod. The imported insulated copper wire and the NAFTA manufactured non-insulated copper wire are then purchased by UTA and manufactured in Mexico into wire harnesses. The wire harnesses which include both imported insulated copper wire and NAFTA manufactured non-insulated copper wire, will then be imported into the U.S. by UTA under subheading 8544.30.00, HTSUS.

We are asked to assume that the insulated copper wire imported into the NAFTA territory is are not an "originating good." Additionally, we are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods".

We are also asked to assume that the value of the non-originating insulated copper wire exceeds the de minimis amount found in General Note 12(f), HTSUS.

With regards to the above fact situations, we are asked to disregard the regional value content requirement. You state that UTA is not requesting guidance regarding the calculation of regional value content. UTA is fully aware that it must comply with any applicable regional value content requirements. The above fact situations are representative situations which illustrate the NAFTA legal issues on which UTA needs guidance. UTA is specifically concerned with the application of the NAFTA tariff shift rules and the application of the de minimis rules to the wire harnesses.

ISSUE:

Are the wire harnesses considered to be "originating goods" pursuant to the rules of origin in General Note 12(b)(ii), HTSUS?

LAW AND ANALYSIS:

To be eligible for tariff preferences under the NAFTA, goods must be "originating goods" within the rules of origin in General Note 12(b), HTSUS. In this case, the method by

which the wire harnesses imported into the United States may be "goods originating in the territory of a NAFTA party" is General Note 12(b)(ii), HTSUS. General Note 12(b)(ii), HTSUS, states that to be "goods originating in the territory of a NAFTA party":

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivision (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivision (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note....

In the above-described fact situations, we must examine whether the wire harnesses are "transformed in the territory of Canada, Mexico and/or the United States" pursuant to General Note 12(b)(ii)(A), HTSUS. As the wire harnesses are classified under subheading 8544.30.00, HTSUS, a transformation is authorized by General Note 12(t)/85.147, HTSUS, which states:

(A) A change to subheadings 8544.11 through 8544.60 from any subheading outside that group, except from headings 7408, 7413, 7605 or 7614; or

(B) A change to subheadings 8544.11 through 8544.60 from headings 7408, 7413, 7605 or 7614, whether or not there is also a change from any other subheading, including another subheading within subheadings 8544.11 through 8544.60, provided there is also a regional value content of not less than:

(1) 60 percent where the transaction value method is used, or

(2) 50 percent where the net cost method is used.

The wire harnesses must meet the requirements of either General Note 12(t)/85.147(A), HTSUS, or General Note 12(t)/85.147(B), HTSUS, to qualify as an "originating good"; they do not have to meet both tests.

Fact Situation #1

In this situation, the non-originating material, i.e., copper rod, is classifiable under subheading 7407.10.50, HTSUS. Additionally, we are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods". Since the copper rod is not classified within subheadings 8544.11 through 8544.60, or headings 7408, 7413, 7605 or 7614, a change in tariff classification occurs. The wire harnesses manufactured from non-originating copper rod meet the tariff shift requirements of General Note 12(t)/85.147(A), HTSUS, and, therefore, are considered to be "originating goods" pursuant to General Note 12(b)(ii), HTSUS.

Fact Situation #2

In this situation, the non-originating material, i.e., insulated copper wire and plastic seals, are classifiable under subheading 8544.49.00, and 4016.93.00, HTSUS, respectively. Additionally, we are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods". Since the plastic seals are not classified within subheading 8544.11 through 8544.60, or headings 7408, 7413, 7605 or 7614, a change in tariff classification occurs for the plastic seals. A change in tariff classification does not occur for the insulated copper wire because it is classified within subheading 8544.49, HTSUS.

However, General Note 12(f), HTSUS, provides a de minimis rule for non-originating materials that do not undergo a required tariff change. General Note 12(f), HTSUS, states:

(i) ...a good shall be considered to be an originating good if the value of all non-originating materials used in the production of the good that do not undergo an applicable change in tariff classification set out in subdivision (t) of this note is not more than 7 percent of the transaction value of the good, adjusted to a F.O.B. basis, or, if the transaction value is unacceptable under section 402(b) of the Tariff Act of 1930, as amended, the value of all such non-originating materials is not more than 7 percent of the total cost of the good, provided that--

(A) if the good is subject to a regional value-content requirement, the value of such non-originating materials shall be taken into account in calculating the regional value content of the good; and

(B) the good satisfies all other applicable requirements of this note.

Section 5 of the NAFTA Rules of Origin Regulations, Appendix to Part 181, Customs Regulations (19 CFR Appendix to Part 181), further describes the de minimis rule:

(1) Except as otherwise provided in subsection (4), a good shall be considered to originate in the territory of a NAFTA country where the value of the non-originating materials that are used in the production of the good and that do not undergo an applicable change in tariff classification as a result of production occurring entirely in the territory of one or more of the NAFTA countries is not more than seven percent

(a) of the transaction value of the good determined in accordance with Schedule II with respect to the transaction in which the producer of the good sold the good, adjusted to an F.O.B. basis, or

(b) of the total cost of the good, where there is no transaction value for the good under section 2(1) of Schedule III or the transaction value of the good is unacceptable under section 2(2) of that Schedule,

provided that,

c) if, under the rule in which the applicable change in tariff classification is specified, the good is also subject to a regional value-content requirement, the value of those non-originating materials shall be taken into account in calculating the regional value content of the good in accordance with the method set out for that good, and

(d) the good satisfies all other applicable requirements of this Appendix...

In this situation, the non-originating material which does not satisfy the tariff shift requirement is the insulated copper wire. You asked us to assume that the insulated copper wire which is imported into the NAFTA territory from outside of the NAFTA territory constitutes 7 percent of the total cost of each wire harness and that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods". Assuming

these facts, the value of all the non-originating materials that do not undergo an applicable change in tariff classification is not more than 7 percent of the total cost of the wire harness.

General Note 12(f), HTSUS, states that the value of all non-originating materials which do not undergo a change in tariff classification must not be more than 7 percent of the transaction value of the good, adjusted to a F.O.B. basis, or, if the transaction value is unacceptable under section 402(b) of the Tariff Act of 1930, as amended, the value of all such non-originating materials is not more than 7 percent of the total cost of the good.... We note that you have supplied us with total cost values without any indication of why the transaction value is unacceptable. Therefore, we are additionally asked to assume that the transaction value is unacceptable under section 402(b) of the Tariff Act of 1930, as amended. We proceed under this assumption without regard to whether the actual facts require otherwise.

We are of the opinion that the wire harnesses in this situation are "originating goods." The plastic seals meet the tariff shift requirement of General Note 12(t)/85.147(A), HTSUS, and are considered to be "originating goods." Therefore, the value of the plastic seals is not taken into account when calculating the de minimis exception. The insulated copper wire does not meet the tariff shift requirement, but it is valued at 7 percent of the total cost of each wire harness. The value of all the non-originating materials used in producing the wire harnesses which do not undergo the change in tariff classification is not more than 7 percent of the total cost of the wire harnesses. Therefore, pursuant to the de minimis exception, the insulated copper wire is ignored and the wire harnesses meet the tariff shift requirements of General Note 12(t)/85.147(A), HTSUS, and, therefore are considered "originating goods" pursuant to General Note 12(b)(ii), HTSUS.

Fact Situation #3

In this situation, insulated copper wire imported in the NAFTA territory is valued over 7 percent and is classifiable under subheading 8544.49.00, HTSUS. We are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods". Since the insulated copper wire is classified within subheadings 8544.11 through 8544.60, a change in tariff classification does not occur pursuant to General Note 12(t)/85.147(A), HTSUS.

We are of the opinion that the wire harnesses do meet the tariff shift requirement of General Note 12(t)/85.147(B), HTSUS. The proper interpretation of the tariff shift requirement of General Note 12(t)/85.147(B), HTSUS, is that the non-originating materials must change to subheadings 8544.11 through 8544.60, from any other subheading within that group or headings 7408, 7413, 7605 or 7614, whether or not there is also a change from any other subheading, provided the regional value content requirement is met. The imported insulated copper wire, which is classifiable under subheading 8544.49.00, HTSUS, meets the tariff shift requirement.

However, the wire harnesses must also meet the regional value content requirement, i.e., "(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used."

General Note 12(d), HTSUS, sets forth the following special rule for calculating the regional value content of automotive goods:

(i) For purposes of calculating the regional value content under the net cost method set out in subdivision (c)(ii) of this note for--

(A) a good that is a motor vehicle provided for in tariff item 8702.10.60 or 8702.90.60, or subheadings 8703.21 through 8703.90, inclusive, 8704.21 or 8704.31; or

(B) a good provided for in the tariff items listed in Annex 403.1 where the good is subject to a regional value-content requirement and is for use as original equipment in the production of a good provided for in tariff items 8702.10.60 or 8702.90.60, or subheadings 8703.21 through 8703.90, inclusive, 8704.21 or 8704.31,

the value of non-originating materials used by the producer in the production of the good shall be the sum of the values of non-originating materials, determined in accordance with subdivision (c)(vii) of this note at the time the non-originating materials are received by the first person in the territory of Canada, Mexico or the United States who takes title to them; that are imported from outside the territories of Canada, Mexico and the United States under the tariff items listed in Annex 403.1 to the NAFTA and that are used in the production of the good or that are used in the production of any material used in the production of the good.

Section 9(1) of the NAFTA Rules of Origin Regulations provides the following guidance regarding the regional value content of automotive goods:

For purposes of calculating the regional value content of a light-duty automotive good under the net cost method, the value of non-originating materials used by the producer

in the production of the good shall be the sum of the values of the non-originating materials that are traced materials and are incorporated into the good.

Traced material is defined in Section 8 of the NAFTA Rules of Origin Regulations as:

a material, produced outside the territories of the NAFTA countries, that is imported from outside the territories of the NAFTA countries and is, when imported, of a tariff provision listed in Schedule IV.

Light-duty automotive good is defined in Section 2 of the NAFTA Rules of Origin Regulations as:

a light-duty vehicle or a good of a tariff provision listed in Schedule IV that is subject to a regional value-content requirement and is for use as original equipment in the production of a light-duty vehicle.

Light-duty vehicle is defined in Section 2 of the NAFTA Rules of Origin Regulations as:

a motor vehicle provided for in any of tariff items 8702.10.60 and 8702.10.60 (vehicles for the transport of 15 or fewer persons) and subheadings 8703.21 through 8703.90, 8704.21 and 8704.31.

Schedule IV (LIST OF TARIFF PROVISIONS FOR THE PURPOSES OF SECTION 9 OF THE APPENDIX) of the NAFTA Rules of Origin Regulations lists subheading 8544.30, HTSUS. Therefore, the wire harnesses met the definition of a light duty automotive good pursuant to Section 2 of the NAFTA Rules of Origin Regulations. To calculate the regional value content of the wire harnesses under the net cost method, we must calculate the value of the non-originating materials. Pursuant to section 9(1) of the NAFTA Rules of Origin Regulations, the value of the non-originating materials is the sum of the values of the non-originating materials that are traced materials incorporated into the wire harnesses. In this situation the non-originating material is the insulated copper wire. We note that under the facts there may also be other non-originating materials. We will assume that these non-originating materials are not "traced materials." The insulated copper wire is not listed in schedule IV of the NAFTA Rules of Origin Regulations and, therefore, is not a traced material. Thus, the value of the insulated copper wire is not included in the value of the non-originating goods when calculating the regional value content but it is included in the net cost of the wire harnesses.

In this situation, the value of the non-originating materials is 0 and, therefore, the regional value content is 100%. The wire harnesses in this situation meet the requirements of General Note 12(t)/85.147(B), HTSUS, and are considered "originating goods" pursuant to General Note 12(b)(ii), HTSUS.

Fact Situation #4

In this situation, insulated copper wire imported in the NAFTA territory is valued over 7 percent and is classifiable under subheading 8544.49.00, HTSUS. Non-insulated copper wire imported into the NAFTA territory is valued over 7 percent and is classifiable under heading 7408, HTSUS. We are asked to assume that all other components of the wire harnesses meet the tariff shift requirements and/or are "originating goods". Since the insulated copper wire and non-insulated copper wire are classified within subheadings 8544.11 through 8544.60 and heading 7408, a change in tariff classification does not occur pursuant to General Note 12(t)/85.147(A), HTSUS. We are of the opinion that the wire harnesses do meet the tariff shift requirement of General Note 12(t)/85.147(B), HTSUS. As stated previously, the proper interpretation of the tariff shift requirement of General Note 12(t)/85.147(B), HTSUS, is that the non-originating materials must change to subheadings 8544.11 through 8544.60 from any other subheading within that group or headings 7408, 7413, 7605 or 7614, whether or not there is also a change from any other subheading, provided the regional value content requirement is met. The insulated copper wire which is classified under subheading 8544.49.00, HTSUS, meets the tariff shift requirment and the imported non-insulated copper wire, which is classifiable under heading 7408, HTSUS, also meets the tariff shift requirement. The tariff shift requirement of General Note 12(t)/85.147(B), HTSUS, has been met.

However, the wire harnesses must also meet the regional value content requirement, i.e., "(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used."

Schedule IV (LIST OF TARIFF PROVISIONS FOR THE PURPOSES OF SECTION 9 OF THE APPENDIX) of the NAFTA Rules of Origin Regulations lists subheading 8544.30, HTSUS. Therefore, the wire harnesses met the definition of a light duty automotive good pursuant to Section 2 of the NAFTA Rules of Origin Regulations. To calculate the regional value content of the wire harnesses under the net cost method, we must calculate the value of the non-originating materials. Pursuant to section 9(1) of the NAFTA Rules of Origin Regulations, the value of the non-originating materials is the sum of the values of the non-originating materials that are traced materials incorporated into the wire harnesses. In this situation the non-originating materials are the insulated copper wire and the non-insulated copper wire. We note that under the facts there may also be other non-originating materials. We will assume that these non-originating materials are not "traced materials." The insulated copper wire and non-insulated copper wire are not listed in schedule IV of the NAFTA Rules of Origin Regulations and, therefore, are not traced materials. Thus, the value of the insulated copper wire and the non-insualted copper wire are not included in the value of the non-originating goods when calculating the regional value content but they are included in the net cost of the wire harnesses.

In this situation, the value of the non-originating materials is 0 and, therefore, the regional value content is 100%. The wire harnesses in this situation meet the requirements of General Note 12(t)/85.147(B), HTSUS, and are considered "originating goods" pursuant to General Note 12(b)(ii), HTSUS.

Fact Situation #5

We note that General Note 12(b)(ii)(A), HTSUS, states for a good to be considered an originating good "each of the non-originating materials used in the production of such goods undergoes a change in tariff classification...(emphasis added)." In this situation the non-originating materials are the imported insulated copper wire and the imported copper rod. Each of these non-originating components imported into the NAFTA territory must meet the tariff shift requirement of either General Note 12(t)/85.147(A) or 85.147(B), HTSUS. The imported copper rod, which is classifiable under subheading 7407.10.50, HTSUS, meets the tariff shift requirement of (A) because it is classifiable outside of subheadings 8544.11 through 8544.60 or headings 7408, 7413, 7605 or 7614. As stated previously, the imported insulated copper wire does not meet this tariff shift requirement because it is classifiable under subheading 8544.49.00, HTSUS. The wire harnesses in this situation do not meet the tariff shift requirement of General Note 12(t)/85.147(A), HTSUS.

We are of the opinion that the wire harnesses do meet the tariff shift requirement of General Note 12(t)/85.147(B), HTSUS. As stated previously, the proper interpreation of the tariff shift requirment of General Note 12(t)/85.147(B), HTSUS, is that the non-originating materials must change to subheadings 8544.11 through 8544.60 from any other subheading within that group or headings 7408, 7413, 7605 or 7614, whether dor not there is also a change from any other subheading, provided the regional value content requirement is met. The insulated copper wire which is classified under subheading 8544.49.00, HTSUS, meets the tariff shift requirment and the copper rod, which is classifiable under heading 7407.10.50, HTSUS, also meets the tariff shift requirement. The tariff shift requirement of General Note 12(t)/85.147(B), HTSUS, has been met.

However, the wire harnesses must also meet the regional value content requirement, i.e., "(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used."

Schedule IV (LIST OF TARIFF PROVISIONS FOR THE PURPOSES OF SECTION 9 OF THE APPENDIX) of the NAFTA Rules of Origin Regulations lists subheading 8544.30, HTSUS. Therefore, the wire harnesses met the definition of a light duty automotive good pursuant to Section 2 of the NAFTA Rules of Origin Regulations. To calculate the regional vaue content of the wire harnesses under the net cost method, we must calculate the value of the non-originating materials. Pursuant to section 9(1) of the NAFTA Rules of Orgin Regulations, the value of the non-originating materials is the sum of the values of the non-originating materials that are traced materials incorporated into the wire harnesses. In this situation the non-originating materials are the insulated copper wire and the copper rod. We note that under the facts there may also be other non-originating materials. We will assume that these non-originating materials are not "traced materials." The insulated copper wire and copper rod are not lised in schedule IV of the NAFTA Rules of Origin Regulations and, therefore, are not traced materials. Thus, the value of the insulated copper wire and the copper rod are not included in the value of the non-originating goods when calculating the regional value content but they are included in the net cost of the wire harnesses.

In this situation, the value of the non-originating materials is 0 and, therefore, the regional value content is 100%. The wire harnesses in this situation meet the requirements of General Note 12(t)/85.147(B), HTSUS, and are considered "originating goods" pursuant to General Note 12(b)(ii), HTSUS.

Fact Situation #6

The same legal principles applied in Fact Situation #5, apply to the wire harnesses in this situation. In this case, the facts call for NAFTA origin ore or NAFTA origin copper rod which is processed into copper wire which is processed into insulated copper wire which is manufactured into the wire harnesses. Since the ore or copper rod are "originating goods", they are not factored into the tariff shift requirements. As stated previously, General Note 12(b)(ii)(A), HTSUS, states that "each of the non-originating materials used in the production of such goods undergoes a change in tariff classification...(emphasis added)." The only non-originating good is the imported insulated copper wire which we have consistently stated does not meet the tariff shift requirements of General Note 12(t)/85.147(A), HTSUS. However, as stated in Fact Situation #3, the wire harnesses manufactured from non-originating copper wire

do meet the requirments of General Note 12(t)/ 85.147(B), HTSUS. Therefore, the wire harnesses, in this case, are considered "originating goods" pursuant to General Note 12(b)(ii), HTSUS.

HOLDING:

Based on the presented facts and the "originating" and value assumptions set forth above, the wire harnesses in each Fact Situation are found to be "originating goods" pursuant to the rules of origin in General Note 12(b), HTSUS, provided all other applicable requirements are met.

Sincerely,

John Durant, Director
Commercial Rulings Division