CLA-2 R:C:M 958053 JAS

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: Vehicles of Canadian Origin Imported Into the Customs Territory From Australia and Mexico; Canadian Article, Originating Good; Automotive Products Trade Act (APTA); General Notes 5 and 12, HTSUS; Transshipment; NAFTA Rules of Origin Regulations; Section 16 of the Appendix to Part 181 of Title 19 CFR

Dear Mr. Reynolds:

In your letter of May 31, 1995, on behalf of Trax, Inc., you inquire as to the tariff status under the Automotive Products Trade Act of 1965 (APTA), as amended, of certain articles of Canadian origin that are sought to be imported into the Customs territory of the United States after having previously been exported from Canada to Australia or Mexico.

FACTS:

Dumpers designed for off-highway use, of the kind provided for in subheading 8704.10, Harmonized Tariff Schedule of the United States (HTSUS), are manufactured in Canada. Some of the dumpers will be entered directly into the customs territory of the United States. Others will be exported and enter the customs territories of Australia or Mexico where they will be released from customs control and remain in use for an indeterminate period. These dumpers will then be entered into the customs territory of the United States under the APTA. You state that upon importation these vehicles will be in a used condition and that the proper APTA certification and documentation of Canadian origin will be available.

ISSUE:

Whether dumpers otherwise qualifying as originating goods lose that status by virtue of their use in Australia or Mexico. - 2 -

LAW AND ANALYSIS:

General Note 5(a), HTSUS, Automotive Products and Motor Vehicles Eligible for Special Tariff Treatment, provides that motor vehicles and original motor-vehicle equipment which are Canadian articles and which fall in provisions for which the rate of duty "Free (B)" appears in the "Special" subcolumn may be entered free of duty under the Automotive Products Trade Act. In accordance with Note 5(a)(i) the term "Canadian article" means an article which originates in Canada, as defined in General Note 12.

Paragraph (b) of General Note 12, HTSUS, North American Free Trade Agreement, establishes the criteria under which goods imported into the customs territory of the United States qualify as originating goods for NAFTA purposes. We will assume for the purposes of this ruling that the dumpers in issue qualify as originating goods under General Note 12.

General Note 12(l), HTSUS, Transshipment, states that a good shall not be considered to be an originating good by reason of having undergone production that satisfies the requirements of this note if, subsequent to that production, the good undergoes further production or any other operation outside the territories of the NAFTA parties, other than unloading, reloading or any other operation necessary to preserve it in good condition or to transport the good to the territory of Canada, Mexico and/or the United States. Rule 12(l) is interpreted by the NAFTA Rules of Origin Regulations which appear in the Appendix to Part 181 of Title 19, Code of Federal Regulations (19 CFR 181). Paragraph (1)(a) of PART VI, SECTION 16. TRANSSHIPMENT, states in relevant part that a good otherwise qualifying as an originating good loses that status if the good is withdrawn from customs control outside the territories of the NAFTA countries.

HOLDING:

Dumpers qualifying as originating goods under General Note 12, HTSUS, that are imported into the customs territory of the United States from Canada or Mexico, are within the term "Canadian article" for purposes of General Note 5, HTSUS. They are eligible for entry free of duty under the APTA if all applicable requirements are satisfied. Dumpers that are imported into the customs territory of the United States after having been - 3 -

withdrawn from customs control in Australia are not originating goods under General Note 12, and are not within the term "Canadian article" for purposes of General Note 5, HTSUS.


Sincerely,


John Durant, Director
Commercial Rulings Division