CLA-2 R:C:T 957701 ch

Mark Sandstrom
Thompson, Hine and Flory
1920 N Street, N.W.
Washington, D.C. 20036-1601

Re: Modification of New York Ruling Letter 806293; North American Free Trade Agreement eligibility for the "Mead Five Star First Gear Student Day Planner."

Dear Mr. Sandstrom:

This is in response to your letter of March 9, 1995, requesting reconsideration of New York Ruling Letter (NYRL) 806293, dated February 7, 1995, in which you were advised in part that the "Mead Five Star First Gear Student Day Planner" was not an originating good for the purposes of the North American Free Trade Agreement (NAFTA).

Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed modification of NYRL 806293 was published May 31, 1995, in the Customs Bulletin, Volume 29, Number 22.

FACTS:

The article is a six-ring looseleaf book, designed to hold printed pages measuring 7 1/2 inches by 5 7/8 inches. The paper inserts comprise a day planner with sections for a calendar, assignments, notes and telephone/addresses. A six-inch transparent plastic ruler and a pad of graph paper are also incorporated into the book.

The sewn nylon cover, metal six-ring binder, and a heavy durable sheet of paperboard are exported from China to Mexico. In Mexico, the ring binder is riveted to the paperboard sheet. The binder mechanism is then inserted into a slot inside the cover. The ruler is exported from Taiwan to Mexico. Paper of U.S. origin is imported into Mexico for use as paper inserts or as label bands. In Mexico, the paper is cut to specific size, collated, organized and hole-punched.

In NYRL 806293, the merchandise was classified in subheading 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bound diaries and address books, of paper or paperboard. In addition, Customs concluded that the binder was not an originating good for purposes of the NAFTA.

ISSUE:

Does the merchandise qualify for NAFTA preferential treatment?

LAW AND ANALYSIS:

General Note 12(b), HTSUS, provides in pertinent part that:

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if --

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(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 subdivisions (r), (s) and (t) of this note or the rules set forth therein, or

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

(iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials.

Thus, General Note 12(b)(ii)(A) specifies in part that merchandise will qualify as originating goods if each of the non-originating materials undergo a change in tariff classification described in subdivision (t). General Note 12(t), Chapter 48, Rule 6, states that "a change to headings 4817 through 4823 from any heading outside that group" will undergo a qualifying change in tariff classification. The rule is applicable to the subject merchandise, as the finished planner is classified within heading 4820, HTSUS. Therefore, the rule indicates that if the components exported from China and Taiwan are not classifiable within headings 4817 through 4823, HTSUS, the finished binder will qualify for NAFTA preferential treatment.

The materials exported from China and Taiwan are not classifiable within headings 4817 through 4823. However, in NYRL 806292 it was stated:

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/Chapter 48, HTSUSA.

In this connection, please note Section 102.17(c), Customs Regulations, (19 C.F.R. 102.17(c)), which reads, in pertinent part: "A foreign material shall not be considered to have undergone the applicable change in tariff classification set out in Section 102.20, or satisfy the other applicable requirements of that Section by reason of simple packing, repacking or retail packaging without more than minor processing."

In our view, the placing of U.S. origin paper articles onto Chinese looseleaf rings is not "more than minor processing" of those rings. The slipping of the Chinese looseleaf mechanism into a slot in the Chinese nylon cover is not "more than minor processing" of either the mechanism or the cover. Finally, the slipping of the Taiwan ruler onto the Chinese looseleaf mechanism is not "more than minor processing" of the ruler or the mechanism.

Thus, we reasoned that the processing undertaken in Mexico were non-qualifying operations as set forth in Customs Regulation 102.17(c).

However, NAFTA preference eligibility is governed by General Note 12 of the HTSUS. Part 102 of the Customs Regulations is limited to those purposes set forth in Section 102.0. Hence, reference to Section 102.17(c) in NYRL 806293 was in error. Moreover, in this instance General Note 12(m), concerning non-qualifying operations, is not applicable. Consequently, pursuant to General Note 12(t), Chapter 48, Rule 6, the "Mead Five Star First Gear Student Day Planner" is eligible for NAFTA preferential treatment.

HOLDING:

NYRL 806293 is hereby modified.

The subject merchandise is classifiable under subheading 4820.10.2010, HTSUS, which provides in part for bound diaries, notebooks and address books of paper or paperboard.

The merchandise is eligible for preferential treatment under the NAFTA. The applicable rate of duty for such goods from Mexico is Free.

In accordance with 19 U.S.C. 1625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decision pursuant to section 625 does not constitute a change of practice of position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director
Commercial Rulings Division