June 8 CBP Bulletin Action on NAFTA Marking Ruling Revocation
In the June 8, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 24), CBP published a notice on its revocation of a ruling on the NAFTA country of origin marking of certain fishing line.
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Action is Effective August 8
This Customs Bulletin action is effective for merchandise entered or withdrawn from warehouse for consumption on or after August 8, 2011, and covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
Revocation
Synthetic Monofilament Fishing Line
| Item: Synthetic monofilament line made from nylon and other polyamides. The line is produced in Germany and imported into Mexico in bulk spools under HTS 5404.10. In Mexico, the bulk rolls are respooled onto smaller retail consumer spools, which are made up into fishing line and packaged for sale at retail. The product is imported into the U.S. under HTS 9507.90.20 as fishing line put up and packaged for retail sale. |
| New Ruling: HQ H086568 (dated 05/18/11, revoked NY G81433) |
| New Origin: Country of origin for marking is Mexico under NAFTA preference override |
| Old Origin: Country of origin for marking is Germany under NAFTA Marking Rules |
| Reason: CBP states that the monofilament fishing line imparts the essential character of the packaged retail fishing line, and the country of origin of the line is Germany. However, CBP notes that even though the fishing line is not a good of a single NAFTA country, the fishing line may be a product of Mexico for marking purposes under the "NAFTA preference override" under 19 CFR 102.19(a) if it undergoes more than "minor processing". CBP states that the operations in this case go beyond "minor processing" as defined in 19 CFR 102.1(m), as the line is not just sorted into smaller amounts and packaged, but is cut to size from bulk rolls and respooled before packaging. Therefore, the fishing line is a NAFTA originating good of Mexico for origin marking purposes. |
(See ITT's Online Archives or 04/18/11 news, 11041829, for BP summary of the proposed revocation and modification of this item.)