us-cbp-cross-rulings-hq-555026•HQ 555026: Applicability of partial duty exemption of item 807.00, TSUS, to certain leather shoe uppers to be assembled in the Dominican Republic
HQ 555026: Applicability of partial duty exemption of item 807.00, TSUS, to certain leather shoe uppers to be assembled in the Dominican Republic
us-cbp-cross-rulings-hq-555026HQ 555026: Applicability of partial duty exemption of item 807.00, TSUS, to certain leather shoe uppers to be assembled in the Dominican RepublicGuidance
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 555026
July 7, 1988
CLA-2 CO:R:C:V 555026 DBI
CATEGORY: Classification
TARIFF NO.: 9802.00.80; 807.00
Mr. James P. McDermott
B.B. Walker Company
Drawer 1167
Asheboro, North Carolina 27204
RE: Applicability of partial duty exemption of item 807.00,
TSUS, to certain leather shoe uppers to be assembled in the
Dominican Republic
Dear Mr. McDermott:
This is in response to your letter of May 11, 1988, to
Senator Jesse Helms, requesting information concerning the
applicability of item 807.00, Tariff Schedules of the United
States (TSUS), to certain leather shoe uppers to be assembled in
the Dominican Republic and imported by your company.
FACTS:
You advise that U.S. made leather, thread, lining material,
sewing machines and dies will be shipped to the Dominican
Republic where the leather and lining will be die-cut and the
components will then be sewn into leather shoe uppers. You
indicate that uppers are portions of a shoe or boot that will
have the soles attached in a subsequent operation.
ISSUE:
Whether the described leather shoe uppers, when returned to
the U.S., will be eligible for the partial exemption from duty in
item 807.00, TSUS (9802.00.80, Harmonized Tariff Schedule of the
United States (HTSUS))?
LAW AND ANALYSIS:
Item 807.00, TSUS, applies to articles assembled abroad in
whole or in part of fabricated components, the products of the
U.S., with no operations performed thereon except the attachment
of the components to form the imported merchandise and operations
incidental thereto. An article classified under item 807.00,
TSUS, is subject to duty upon the full appraised value of the
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imported article, less the cost or value of such products of the
U.S. Section 10.14(a), Customs Regulations (19 CFR 10.14(a)),
provides that the components must be in condition ready for
assembly without further fabrication at the time of their
exportation from the U.S. to qualify for the exemption.
We have previously held in a ruling dated February 24, 1988
(HQ 554748), that die-cutting pattern-shaped fabric parts to fit
automobile doors was a fabricating, non-assembly step that
prepared the fabric for final assembly with the doors. We stated
that no allowances could be made under item 807.00, TSUS, since
the fabric parts were not in condition ready for assembly.
In the present case, the leather and lining exported from
the U.S. is not in condition ready for assembly without further
fabrication since the die-cutting performed abroad is a further
fabrication. Therefore, the die-cutting cannot be considered an
acceptable assembly under item 807.00, TSUS.
With respect to the sewing operation performed abroad, the
sewing of components is an acceptable assembly operation under
section 10.16(a), Customs Regulations (19 CFR 10.16(a)).
However, the sewing must be performed on a U.S. component that
has not been further fabricated. Therefore, the sewing operation
performed in the Dominican Republic would not be an acceptable
assembly under item 807.00, TSUS.
HOLDING:
On the basis of the information submitted, we are of the
opinion that the die-cutting of the leather and lining and the
sewing of the components together into shoe uppers may not be
considered an acceptable assembly and therefore, no allowances in
duty may be made under item 807.00, TSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division
1cc: CO:R:C:V:DIZZO:LDC:6/28/88
Mr. James P. McDermott
B.B. Walker Company
Drawer 1167
Asheboro, NC 27204
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