us-cbp-cross-rulings-hq-554955•HQ 554955: GSP Eligibility of Certain Wood Picture Frames
HQ 554955: GSP Eligibility of Certain Wood Picture Frames
us-cbp-cross-rulings-hq-554955HQ 554955: GSP Eligibility of Certain Wood Picture FramesGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 554955
October 17, 1988
CLA-2 CO:R:C:V 554955 DBI
CATEGORY: Valuation
Mr. Carlos R. Bustamante
4 Calle Poniente #40
Santa Ana, El Salvador
Central America
RE: GSP Eligibility of Certain Wood Picture Frames
Dear Mr. Bustamante:
This is in response to your undated request for information
regarding the applicability of the Generalized System of
Preferences (GSP) to wood picture frames manufactured in El
Salvador.
FACTS:
You advise that picture frames will be cut and assembled
from wood grown in El Salvador. Glass and/or mirrors will be
imported into El Salvador where they will be cut and shaped to
fit the inside of the frames and inserted therein. You
indicate that the glass or mirror will compromise 9 percent of
the value of the completed article. You request a ruling on
the wood frames alone and on the frames to which a glass or
mirror component has been added.
ISSUE:
Whether the wood frames alone, and the frames with a glass
or mirror component inserted, are eligible for duty-free
treatment under the GSP.
LAW AND ANALYSIS:
An article imported directly from a beneficiary developing
country (BDC) may qualify for duty-free entry under the GSP
only if it meets the country of origin criteria set forth in
section 10.176(a), Customs Regulations (19 CFR 10.176(a)).
The first of these criteria provides that an article must be
the growth, product, manufacture, or assembly of the BDC. In
other words, the article must either be wholly the growth,
product, or manufacture of a BDC, or it must have undergone a
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substantial transformation in the BDC so as to make it a
product of the BDC. The second of the country of origin
criteria provides that the sum of the cost or value of the
materials produced in the BDC, plus the direct costs of
processing operations performed in the BDC, must not be less
than 35 percent of the appraised value of the imported article.
Thus, if the first country of origin requirement is not met,
then the article would not be eligible for GSP treatment even
though the article satisfies the 35 percent requirement.
Section 10.177(a), Customs Regulations (19 CFR 10.177(a)),
provides that the words "produced in the beneficiary developing
country" refer to the constituent materials of which the
eligible article is composed which are either (1) wholly the
growth, product, or manufacture of the BDC, or (2)
substantially transformed in the BDC into a new and different
article of commerce. In the case of materials imported into a
BDC, the cost or value of that material may be counted towards
the 35 percent requirement only if the imported material is
first substantially transformed into a new and different
intermediate article of commerce which is then used in the BDC
in the production of the final imported article.
In the present case, the wood frames are wholly the growth,
product or manufacture of El Salvador. Therefore, the wood
frames alone, without any glass or mirror added, clearly would
satisfy both GSP country of origin criteria.
With regard to the frames with the glass or mirror inserted,
we are assuming that the glass or mirror being cut is initially
imported into El Salvador in the form of sheets which are then
cut to shape to fit into each individual frame size. Under
these circumstances, the cutting of glass or mirror to size and
shape and inserting it into the frame results in a substantial
transformation of the glass or mirror imported into El Salvador
so that the finished article would qualify as a product of El
Salvador for purposes of the first country of origin criterion.
The cost information you have provided indicates that the 35
percent requirement also would be met with respect to the
frames with the glass or mirror insertion.
HOLDING:
On the basis of the information submitted, it is our opinion
that the wood frames alone and the wood frames with the glass
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or mirror inserted would be entitled to duty-free treatment
under the GSP.
Sincerely,
John Durant
Director, Commercial
Rulings Division
CLA-2 C0:R:C:C:V:DBI:MM:FNL10/07/88
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