us-cbp-cross-rulings-hq-544216•HQ 544216: Dutiability of certain costs as assists
HQ 544216: Dutiability of certain costs as assists
us-cbp-cross-rulings-hq-544216HQ 544216: Dutiability of certain costs as assistsGuidance
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 544216
August 17, 1988
CLA-2 CO:R:C:V: 544216 DHS
CATEGORY: Valuation
William F. Joffroy, Jr.
William F. Joffroy, Inc.
P.O. Box 698
Nogales, Arizona 85628-0698
RE: Dutiability of certain costs as assists
Dear Mr. Joffroy:
This is in response to your letter of July 19, 1988,
requesting a ruling as to whether certain costs will be
considered by Customs as dutiable assists pursuant to section
402(h) of the Tariff Act of 1930, as amended by the Trade
Agreements Act of 1979 (TAA; 19 U.S.C. 1401a).
FACTS:
You indicate that your client will be assembling certain
electrical connectors in Mexico and importing them into the
United States under item 807.00, Tariff Schedules of the United
States (TSUS).
You state that many fixed assets that are purchased in the
United States by the importer are to be provided to the Mexican
assembly operation for use in the shipping/receiving department,
the general offices, the employees' workstations and for the
purpose of supplying air to the plant. You indicate that this
equipment is not to be used in the production of the merchandise
to be imported into the United States.
You state that the importer has assigned one of its United
States employees to be the general manager of the assembly plant
in Mexico for the purpose of managing and directing the overall
operations. He will be compensated from the importer in the
United States, but will reside in Mexico.
ISSUES:
Whether equipment, supplied free of charge by the importer,
which is not used in the production of the imported merchandise,
is considered an assist.
Whether compensation to be paid to a general manager by the
importer for services performed at a foreign assembly plant
constitute an assist.
- 2 -
LAW AND ANALYSIS:
The definition of an assist, as set forth in section
402(h)(1)(A) of the Tariff Act is:
...any of the following if supplied directly or
indirectly, and free of charge or at reduced cost,
by the buyer of imported merchandise for use in
connection with the production or the sale for
export to the United States of the merchandise:
(i) Materials, components, parts, and similar
items incorporated in the imported
merchandise.
(ii) Tools, dies, molds and similar items
used in the production of the imported
merchandise.
(iii) Merchandise consumed in the production of
the imported merchandise.
(iv) Engineering, development, art work, design
work, and plans and sketches that are
undertaken elsewhere than in the United
States and are necessary for the
production of the imported merchandise.
You inquire as to the dutiability of equipment consisting
of air compressors, various scales, forklift trucks, carts,
containers, tape dispensers, dock levelers, pallet truck, dock
seal, dock loading lite, JIB lift, personal computers, office
equipment and copiers, board marker, matrix printer, eye wash
station, work benches and stools, plugs and socket air drops. You
state that this equipment will not be utilized in the production
of the imported merchandise but in the operation of other areas
of the assembly plant.
In Customs Headquarters Ruling Letter 542122, dated
September 4, 1980 (TAA No. 4), we held that general purpose
equipment, such as sewing machines, ovens, drill presses, etc.,
furnished free of charge or at a reduced cost and used abroad in
the production of merchandise imported into the United States, is
dutiable under section 402(h)(1)(A)(ii). However, in Customs
Headquarters Ruling Letter 542302, dated February 27, 1981 (TAA
No. 18), Customs concluded that air conditioning equipment, a
power transformer, telephone switching equipment and emergency
generators did not fall within the definition of an assist, since
they were not used in the production of the merchandise.
- 3 -
Since the equipment listed above is not used in the
production of the imported merchandise but is used to operate the
other areas of the assembly plant, the equipment is not an assist
within the meaning of section 402(h)(1)(A) of the Tariff Act.
With respect to the management services described above, it
has consistently been the position of the Customs Service that
management services of this type are not considered assists.
See, TAA Nos. 4, 20, 46 and Headquarters Ruling Nos. 543820 dated
December 22, 1986, and 543877 dated March 17, 1987.
HOLDING:
In reference to the case before us, we conclude in
accordance with the holdings of the cases cited above that the
equipment does not fall within the definition of an assist, since
it is not used in the production of the merchandise. Further, we
conclude that the salary paid to the U.S. employed manager, who
is residing in Mexico, is not an assist. Please note that no
information has been provided and this ruling does not address
the issue of the applicability of transaction value as a method
of appraisement.
Sincerely,
John Durant, Director
Commercial Rulings Division
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.