Industry News

CBP Amends Part 102 Country of Origin Rules for Certain Items, Proposal to Create Uniform Rules of Origin Withdrawn

September 2, 2011


On September 2, 2011, U.S. Customs and Border Protection (CBP) issued a final rule (76 FR 54691) implementing certain changes the agency proposed in 2008 to the 19 CFR 102 country of origin tariff shift rules as they apply to pipe fittings and flanges, greeting cards, glass optical fiber, rice preparations, and certain textile and apparel products. Based on public comment, CBP decided not to adopt the portion of the July 25, 2008, proposed rule which proposed establishing uniform rules governing CBP determinations regarding the country of origin of imported merchandise. The changes in the final rule will be effective as of October 3, 2011. 

Once effective, the rule will change HTSUS headings 7301 through 7307 to fittings or flanges (from fitting forgings or flange forgings) made ready for commercial use by certain processing, for example: heat treating, taper boring, and burring. The country of origin for greeting cards, with HTSUS headings 4901 through 4911, will be based on the country of initial printing of literary text, photographs, graphic designs, or illustrations.  The tariff shift rule for glass optical fibers, and optical fiber bundles and cables will now designate subheading 9001.10 to provide for a change from any other subheading 8544.70. For rice preparations, subheading 1904.90 will provide for a change from any other heading except heading 1006 or wild rice of subheading 1008.90. The rules of origin for textiles and apparel will be amended to include that fabric formation is the determinant of origin for fabrics of chapter 59 and that the origin of a knit-to-shape good of heading 6212 is derived from where it was knit to shape.
 

For further information, contact a Barnes/Richardson attorney.