| Title: | FACT SHEET 22 |
|---|---|
| Date: | 1994-01-21 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : LISA CROSBY
SUBJECT : NAF-FACT SHEET 22
DATE : 01/21/94
4013071
JANUARY 13, 1994
CATEGORY: NAF CO:TO:T:T LAC
TO : REGIONAL DIRECTORS FOR COMMERCIAL OPERATIONS, DISTRICT
AND PORT DIRECTORS
FROM : ACTING DIRECTOR, OFFICE OF TRADE OPERATIONS
SUBJECT: FACT SHEET 22: REQUESTING AN ADVANCE RULING UNDER THE
NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)
BACKGROUND:
ARTICLE 509 OF THE NAFTA REQUIRES THE UNITED STATES CUSTOMS
SERVICE TO ISSUE ADVANCE RULINGS TO IMPORTERS IN THE UNITED
STATES AND EXPORTERS AND PRODUCERS IN CANADA AND MEXICO WHO
EXPORT THEIR GOODS TO THE UNITED STATES. PROCEDURES RELATING TO
ADVANCE RULINGS ARE COVERED IN INTERIM REGULATIONS 19 C.F.R. 181,
SUBPART I, AS PUBLISHED IN THE FEDERAL REGISTER OF DECEMBER 30,
1993. THE PROVISIONS OF SUBPART I APPLY IN LIEU OF THE
ADMINISTRATIVE RULING PROVISIONS CONTAINED IN SUBPART A OF PART
177 WHENEVER THE REQUEST FOR A RULING INVOLVES ONE OF THE
FOLLOWING TOPICS:
A. WHETHER MATERIALS IMPORTED FROM A COUNTRY OTHER THAN THE
UNITED STATES, CANADA OR MEXICO AND USED IN THE PRODUCTION
OF A GOOD UNDERGO AN APPLICABLE CHANGE IN TARIFF
CLASSIFICATION AS A RESULT OF PRODUCTION OCCURRING ENTIRELY
IN THE UNITED STATES, CANADA AND/OR MEXICO;
B. WHETHER A GOOD SATISFIES A REGIONAL VALUE-CONTENT
REQUIREMENT UNDER THE TRANSACTION VALUE METHOD OR UNDER THE
NET COST METHOD;
C. FOR PURPOSES OF DETERMINING WHETHER A GOOD SATISFIES A
REGIONAL VALUE-CONTENT REQUIREMENT, THE APPROPRIATE BASIS OR
METHOD FOR VALUE TO BE APPLIED BY AN EXPORTER OR A PRODUCER
IN CANADA OR MEXICO FOR CALCULATING THE TRANSACTION VALUE OF
THE GOOD OR OF THE MATERIALS USED IN THE PRODUCTION OF THE
GOOD;
D. FOR PURPOSES OF DETERMINING WHETHER A GOOD SATISFIES A
REGIONAL VALUE-CONTENT REQUIREMENT, THE APPROPRIATE BASIS OR
METHOD FOR REASONABLY ALLOCATING COSTS FOR CALCULATING THE
NET COST OF THE GOOD OR THE VALUE OF AN INTERMEDIATE
MATERIAL;
E. WHETHER A GOOD QUALIFIES AS AN ORIGINATING GOOD;
F. WHETHER A GOOD THAT RE-ENTERS THE UNITED STATES AFTER HAVING
BEEN EXPORTED FROM THE UNITED STATES TO CANADA OR MEXICO FOR
REPAIR OR ALTERATION QUALIFIES FOR DUTY-FREE TREATMENT;
G. WHETHER THE PROPOSED OR ACTUAL MARKING OF A GOOD SATISFIES
COUNTRY OF ORIGIN MARKING REQUIREMENTS;
H. WHETHER AN ORIGINATING GOOD QUALIFIES AS A GOOD OF CANADA OR
MEXICO UNDER ANNEX 300-B, ANNEX 302.2 AND CHAPTER SEVEN OF
THE NAFTA; AND
I. WHETHER AN AGRICULTURAL GOOD IS A QUALIFYING GOOD UNDER
CHAPTER SEVEN OF THE NAFTA.
ADVANCE RULINGS MAY BE REQUESTED WITH RESPECT TO
PROSPECTIVE, CURRENT AND ONGOING NAFTA TRANSACTIONS. A QUESTION
ARISING IN CONNECTION WITH AN ENTRY OF MERCHANDISE WHICH HAS BEEN
LIQUIDATED, OR IN CONNECTION WITH ANY OTHER COMPLETED NAFTA
TRANSACTION, MAY NOT BE THE SUBJECT OF AN ADVANCE RULING. AN
ADVANCE RULING WILL BE BASED ON THE FACTS AND CIRCUMSTANCES
PRESENTED BY THE REQUESTER.
ACTION:
1. IMPORTERS IN THE U.S. AND EXPORTERS IN CANADA AND MEXICO WHO
EXPORT THEIR GOODS TO THE UNITED STATES MAY NOW REQUEST
RULINGS IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN 19
C.F.R. 181.93. REQUESTS MUST BE WRITTEN IN ENGLISH AND MUST
CONTAIN A COMPLETE STATEMENT OF ALL RELEVANT FACTS RELATING
TO THE NAFTA TRANSACTION. SUCH FACTS INCLUDE: THE NAMES,
ADDRESSES AND OTHER IDENTIFYING INFORMATION OF ALL
INTERESTED PARTIES (IF KNOWN); THE NAME OF THE PORT OR PLACE
AT WHICH ANY GOOD INVOLVED IN THE TRANSACTION WILL BE
IMPORTED OR WHICH WILL OTHERWISE HAVE JURISDICTION WITH
RESPECT TO THE ACT OR ACTIVITY DESCRIBED IN THE TRANSACTION;
AND A DESCRIPTION OF THE TRANSACTION ITSELF, APPROPRIATE IN
DETAIL TO THE SUBJECT MATTER OF THE REQUESTED ADVANCE
RULING.
THE TRANSACTION TO WHICH THE ADVANCE RULING REQUEST RELATES
MUST BE DESCRIBED IN SUFFICIENT DETAIL TO PERMIT PROPER
APPLICATION OF THE RELEVANT NAFTA PROVISIONS. INTERESTED
PARTIES SHOULD CONSULT 19 C.F.R. 181.93(B)(2) FOR GUIDELINES
ON WHAT DETAILS ARE NEEDED FOR EACH OF THE TOPICS DESCRIBED
IN PARAGRAPHS A-I ABOVE.
2. ADVANCE RULINGS ON THE TOPICS DESCRIBED IN PARAGRAPHS A),
E), F), G), H) AND I) ABOVE MAY BE REQUESTED FROM THE OFFICE
OF REGULATIONS AND RULINGS, 1301 CONSTITUTION AVENUE, NW,
WASHINGTON, D.C. 20229, OR THE AREA DIRECTOR OF CUSTOMS, NEW
YORK SEAPORT, 6 WORLD TRADE CENTER, NEW YORK, NY 10048.
RULINGS ON THE TOPICS DESCRIBED IN PARAGRAPHS B), C) AND D)
MUST BE REQUESTED FROM THE OFFICE OF REGULATIONS AND
RULINGS, 1301 CONSTITUTION AVENUE, NW, WASHINGTON, D.C.
20229.
QUESTIONS REGARDING THIS MESSAGE MAY BE DIRECTED TO THE
NAFTA HELP DESK AT (202)927-0066.
JANET L. LABUDA