us-cbp-cross-rulings-hq-544010•HQ 544010: Ruling request concerning the tariff classification of certain exposed film, magnetic media and optical media from Barbados, and the eligiblity of these products for CBI treatment.
HQ 544010: Ruling request concerning the tariff classification of certain exposed film, magnetic media and optical media from Barbados, and the eligiblity of these products for CBI treatment.
us-cbp-cross-rulings-hq-544010HQ 544010: Ruling request concerning the tariff classification of certain exposed film, magnetic media and optical media from Barbados, and the eligiblity of these products for CBI treatment.Guidance
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 544010
September 19, 1988
CLA-2 CO:R:C:V 544010 CW
CATEGORY: Classification; Valuation
TARIFF NO.: 4911.91.40, HTSUS (274.70, TSUS); 724.40, TSUS
Thomas E. Johnson, Esq.
Baker & McKenzie
Prudential Plaza
Chicago, Illinois 60601
RE: Ruling request concerning the tariff classification of
certain exposed film, magnetic media and optical media from
Barbados, and the eligiblity of these products for CBI
treatment.
Dear Mr. Johnson:
This is in response to your letter of September 2, 1987, in
which you request a ruling on behalf of
("importer") that certain exposed film and encoded magnetic and
optical storage media to be imported from Barbados will qualify
for duty-free treatment under the Caribbean Basin Initiative
(CBI). You also request advice concerning the proper tariff
classification of these articles.
FACTS:
You state that your client, a U.S. commercial printing
company, plans to ship to its wholly-owned subsidiary in
Barbados, , preliminary production
equipment, office supplies and shipping material, as well as
customer-supplied artwork, unexposed film transparencies and
blank data storage media. The blank data storage media includes
magnetic media, such as tapes and cartridges, and optical media,
such as high density, "write-once-read-many" ("WORM") disks.
We assume that the materials to be shipped to Barbados will be of
U.S. origin.
You advise that in Barbados the unexposed film will be
exposed and the blank media processed, after which they will be
labeled, packed, and shipped back to the U.S. We understand that
the processing to be performed in Barbados consists of several
steps necessary to the transformation of the text and artwork
supplied by a customer to image carriers (e.g., plates or
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cylinders) that are used on printing presses. In the first step
of the processing performed in Barbados, the artwork supplied by
the customer is photographed with a camera or scanned with an
electronic image scanner. This is typically done to scale the
artwork to the proper size and generate the proper screen angles
for printing. This step also may be necessary to change
reflective copy to a transparent film form or to break up certain
types of artwork into a series of very small dots to facilitate
the printing process. In full color printing, color separations
also are made during this phase of the processing.
The result of the first step is either a set of one or more
halftone positives or negatives on transparent film, or a
computer file containing graphics arts data. Following this
step, corrections are made to the film or data to emphasize
detail, adjust or change the images and, in the case of full
color printing, to improve color fidelity. The pieces of artwork
then are combined, either mechanically or electronically, with
the text into complete pages that match the customer's layout.
The completed pages then are either combined onto a large piece
of film in the order in which they are to be printed or are
communicated electronically to a computer. The exposed film or
encoded storage media imported into the U.S. is used to make
image carriers, such as lithographic plates or rotogravure
cylinders.
You estimate that the direct processing costs to be incurred
in Barbados per page of film will be $2.88, and the appraised
value of each page of the exposed film will be between $3.62 and
$5.40. The estimated direct processing costs per page of
information encoded on any magnetic media will be $2.88, and the
appraised value per page is expected to be between $3.68 and
$5.46.
In your opinion, the exposed film and optical media, such as
"WORM" disks, are classifiable in item 274.70, Tariff Schedules
of the United States (TSUS), while the magnetic media, such as
magnetic tapes and cartridges, are classifiable in item 724.40,
TSUS.
ISSUE:
1. Whether the described film and optical and magnetic
storage media to be imported into the U.S. will be eligible for
duty-free treatment under the CBI.
2. Whether the exposed film and optical media are properly
classifiable in item 274.70, TSUS, and the magnetic media are
properly classifiable in item 724.40, TSUS.
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LAW AND ANALYSIS:
With respect to the first issue, an eligible article
imported directly from a CBI beneficiary country may qualify for
duty-free entry under the CBI only if it meets the country of
origin criteria set forth in section 10.195(a) of the Customs
Regulations (19 CFR 10.195(a)). The first of these criteria
provides that an article must either be wholly the growth,
product, or manufacture of a beneficiary country, or be
substantially transformed in a beneficiary country into a new and
different article of commerce. The second of the country of
origin criteria provides that the sum of the cost or value of the
materials produced in the beneficiary country or countries, plus
the direct costs of processing operations performed in the
beneficiary country or countries, must not be less than 35
percent of the appraised value of the imported article.
In regard to the first country of origin criterion, it is
clear that the exposed film and the encoded storage media will
not be "wholly the growth, product, or manufacture of a
beneficiary country." Therefore, to be considered products of a
beneficiary country, the film and storage media to be imported
into the U.S. must have been substantially transformed in
Barbados into new and different articles of commerce.
Based on the information you have provided, it is our
opinion that the processing to be performed in Barbados will
substantially transform the unexposed film transparencies and
blank data storage media into new and different articles of
commerce (the exposed film and encoded storage media). This
conclusion is consistent with previous rulings issued by this
office involving similar fact situations. See ruling letters
dated September 24, 1986 (HQ 554230), May 26, 1986 (HQ 554016),
and August 17, 1981 (HQ 067445).
Concerning the second country of origin requirement, the
estimated cost information you have provided indicates that the
direct costs of processing operations to be performed in Barbados
clearly will exceed 35 percent of the appraised value of the
imported products.
Concerning the classification of the articles in question,
we regret to advise that we have misplaced the samples that you
apparently furnished to us. However, based on the descriptive
information provided, we agree that the exposed film and optical
media are classifiable under the provision for photographs,
engravings, etchings, lithographs, and wood cuts, and pictorial
matter produced by relief or stencil printing process, all the
foregoing, whether bound or not bound, and not specially provided
for, other, in item 274.70, TSUS, with a duty rate of 3.1 percent
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ad valorem. The exposed film and optical media are classifiable
under the Harmonized Tariff Schedule of the United States
(HTSUS), which will replace the TSUS effective January 1, 1989,
under the provision for other printed matter, including printed
pictures and photographs, other, other, other, in subheading
4911.91.40, with duty at the rate of 3.1 percent.
We also agree that the magnetic media is classifiable under
the provision for sound recordings and magnetic records recorded
on magnetic tape or on any medium other than wire, in item
724.40, TSUS, with duty at the rate of .9 cents per square foot
of recording surface. Although there is insufficient descriptive
information concerning the magnetic media to enable us to
determine the applicable HTSUS subheading, we have enclosed a
copy of the applicable HTSUS heading (8524), which relates to
records, tapes and other recorded media for sound or other
similarly recorded phenomena.
HOLDING:
On the basis of the information presented, it is our opinion
that the described exposed film and encoded magnetic and optical
storage media would qualify for duty-free entry under the CBI
upon importation into the U.S. from Barbados.
The exposed film and encoded optical storage media is
classifiable in item 274.70, TSUS (subheading 4911.91.40, HTSUS).
The encoded magnetic storage media is classifiable in item
724.40, TSUS.
Sincerely,
John Durant
Director, Commercial
Rulings Division
Enclosure
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