19 C.F.R. § 10.12

Definitions

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As used in §§ 10.11 through 10.24, the following terms shall have the meanings indicated:

(a) American-made. The term “American-made” is used to refer to a product of the United States as defined in paragraph (e) of this section.

(b) Assembly. “Assembly” means the fitting or joining together of fabricated components.

(c) Exemption. “Exemption” means the deduction of the cost or value of products of the United States which were assembled abroad in accordance with the requirements of subheading 9802.00.80, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), from the full value of the assembled article.

(d) Fabricated component. “Fabricated component” means a manufactured article ready for assembly in the condition as exported except for operations incidental to the assembly.

(e) Product of the United States. A “product of the United States” is an article manufactured within the Customs territory of the United States and may consist wholly of United States components or materials, of United States and foreign components or materials, or wholly of foreign components or materials. If the article consists wholly or partially of foreign components or materials, the manufacturing process must be such that the foreign components or materials have been substantially transformed into a new and different article, or have been merged into a new and different article.

[T.D. 75-230, 40 FR 43021, Sept. 18, 1975, as amended by T.D. 89-1, 53 FR 51247, Dec. 21, 1988]

Notes of Decisions

Cited in 2 cases, 1979–1988 · leading case: Zwicker Knitting Mills v. United States, 469 F. Supp. 727 (Cust. Ct. 1979).

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Zwicker Knitting Mills v. United States, 469 F. Supp. 727 (Cust. Ct. 1979). “” 19 C.F.R. § 10.12 (b). It is apparent that the judicial and lexicographic definitions of “assembly,” as well as the Customs Regulations, envision an assembly which requires finished manufactured or fabricated components which are “joined” together to form an article.”

Timex Corp. v. United States, 12 Ct. Int'l Trade 629 (Ct. Intl. Trade 1988). “19 C.F.R. § 10.12 (dMe) (1987) defines a "fabricated component [ ], the product of the United States” under item 807 generally in terms of substantial transformation.”

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