When used in this part, the following terms shall have the meaning indicated:
(a) Country. “Country” means the political entity known as a nation. Colonies, possessions, or protectorates outside the boundaries of the mother country are considered separate countries.
(b) Country of origin. “Country of origin” means the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of this part; however, for a good of a NAFTA or USMCA country, the marking rules set forth in part 102 of this chapter (hereinafter referred to as the part 102 Rules) will determine the country of origin.
(c) Foreign origin. “Foreign origin” refers to a country of origin other than the United States, as defined in paragraph (e) of this section, or its possessions and territories.
(d) Ultimate purchaser. The “ultimate purchaser” is generally the last person in the United States who will receive the article in the form in which it was imported; however, for a good of a NAFTA or USMCA country, the “ultimate purchaser” is the last person in the United States who purchases the good in the form in which it was imported. It is not feasible to state who will be the “ultimate purchaser” in every circumstance. The following examples may be helpful:
(1) If an imported article will be used in manufacture, the manufacturer may be the “ultimate purchaser” if he subjects the imported article to a process which results in a substantial transformation of the article, even though the process may not result in a new or different article, or for a good of a NAFTA or USMCA country, a process which results in one of the changes prescribed in the part 102 Rules as effecting a change in the article's country of origin.
(2) If the manufacturing process is merely a minor one which leaves the identity of the imported article intact, the consumer or user of the article, who obtains the article after the processing, will be regarded as the “ultimate purchaser.” With respect to a good of a NAFTA or USMCA country, if the manufacturing process does not result in one of the changes prescribed in the part 102 Rules as effecting a change in the article's country of origin, the consumer who purchases the article after processing will be regarded as the ultimate purchaser.
(3) If an article is to be sold at retail in its imported form, the purchaser at retail is the “ultimate purchaser.”
(4) If the imported article is distributed as a gift the recipient is the “ultimate purchaser”, unless the good is a good of a NAFTA or USMCA country. In that case, the purchaser of the gift is the ultimate purchaser.
(e) United States. “United States” includes all territories and possessions of the United States, except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.
(f) Customs territory of the United States. “Customs territory of the United States,” as used in this chapter includes the States, the District of Columbia, and the Commonwealth of Puerto Rico.
(g) Good of a NAFTA or USMCA country. A “good of a NAFTA or USMCA country” is an article for which the country of origin is Canada, Mexico or the United States as determined under the part 102 Rules.
(h) NAFTA. “NAFTA” means the North American Free Trade Agreement entered into by the United States, Canada and Mexico on August 13, 1992. NAFTA is not applicable to goods entered for consumption, or withdrawn from warehouse for consumption, on or after July 1, 2020.
(i) NAFTA or USMCA country. “NAFTA or USMCA country” means the territory of the United States, Canada or Mexico, as defined in Annex 201.1 of NAFTA and Chapter 1, Section C of the USMCA.
(j) Part 102 Rules. “Part 102 Rules” are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country, as set forth in part 102 of this chapter. The rules also apply to determine the country of origin for marking purposes for goods imported under the USMCA.
(k) Conspicuous. “Conspicuous” means capable of being easily seen with normal handling of the article or container.
(l) USMCA. “USMCA” means the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA), entered into force by the United States, Canada and Mexico on July 1, 2020.
[T.D. 72-262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 94-1, 58 FR 69471, Dec. 30, 1993; T.D. 95-68, 60 FR 46362, Sept. 6, 1995; CBP Dec. 21-10, 86 FR 35582, July 6, 2021]
Notes of Decisions
United States v. John E. Murray, Jr., 621 F.2d 1163 (1st Cir. 1980).
· cites it 10× “On his appeal to this court defendant states that the issues are (1) whether the sub-term “substantial transformation” used in 19 C.F.R. § 134.1 (b) is “unconstitutionally vague,” (2) whether the district judge in his instructions to the jury adequately defined that sub-term,…”
Nat'l Juice Prods. Ass'n v. United States, 628 F. Supp. 978 (Ct. Intl. Trade 1986).
· cites it 3× “” 19 C.F.R. § 134.1 (1985). Where a foreign article is subjected to manufacturing in the United States before reaching the consumer, the regulations provide some guidance as to when the manu *988 facturer will be regarded as the ultimate purchaser.”
Uniroyal, Inc. v. United States, 542 F. Supp. 1026 (Ct. Intl. Trade 1982).
· cites it 4× “1(d) of the Customs Regulations (19 C.F.R. 134.1(d)) provides in pertinent part: (d) Ultimate Purchaser.”
Dunn-Heiser v. United States, 374 F. Supp. 2d 1276 (Ct. Intl. Trade 2005).
· cites it 6× “§ 1304 (a) (emphases added); see also 19 C.F.R. § 134.1 (“Country of Origin Marking”).”
Belgium v. United States, 551 F.3d 1339 (Fed. Cir. 2009).
· cites it 2× “§§ 66 , 1677j(b); 19 C.F.R. § 134.1 (b). Nonetheless, Commerce is obligated to follow prior precedent absent some legitimate reason for departing from it.”
Koru North Am. v. United States, 701 F. Supp. 229 (Ct. Intl. Trade 1988).
· cites it 3× “19 C.F.R. § 134.1 (b). The term “country” is defined as: the political entity known as a nation.”
Honeywell Int'l Inc. v. ICM Controls Corp., 45 F. Supp. 3d 969 (D. Minnesota 2014).
· cites it 2× “Customs Service, see 19 C.F.R. §§ 134.1 , 102.11—in the United States, because “consumer perception evidence” indicated that the “country in which a product is put together or completed is highly significant to consumers in evaluating where the product is ‘made.”
Boltex Mfg. Co. v. United States, 140 F. Supp. 2d 1339 (Ct. Intl. Trade 2000).
· cites it 4× “” 19 C.F.R. § 134.1 (d) (1999). When a foreign article is subjected to manufacturing in the United States before reaching the consumer, the regulations provide some guidance as to when the manufacturer will be regarded as the ultimate purchaser.”
Cummins Engine Co. v. United States, 83 F. Supp. 2d 1366 (Ct. Intl. Trade 1999).
· cites it 3× “” Where, as here, an article is not completely manufactured in one country, “[fjurther work or material added to an article in [the other country] must effect a substantial transformation in order to render such other country the ‘country of origin’ ” within the meaning of 19 U.”
Ferrostaal Metals Corp. v. United States, 664 F. Supp. 535 (Ct. Intl. Trade 1987).
“Uniroyal held that footwear uppers were not exempted from country of origin marking requirements since the attachment of outsoles to the uppers did not constitute a substantial transformation within the meaning of 19 C.F.R. §§ 134.1 (d) and 134.-35. While the Court referred to…”
Precision Specialty Metals, Inc. v. United States, 116 F. Supp. 2d 1350 (Ct. Intl. Trade 2000).
“19 C.F.R. 134.1(d)(1) (1996). In light of the relative paucity of precedent on the meaning of these terms under § 1313(b), and the similarity of the analysis under the three statutory schemes, the court will rely in part on interpretations of the subject terms under all three…”
Meyer Corp., U.S. v. United States, 2017 CIT 110 (Ct. Intl. Trade 2017).
“[t]he country of origin of the merchandise”) and 19 C.F.R. § 134.1 (b)(‘‘[c]ountry of origin means the countty of manufacture, production, or growth of any article of foreign origin entering the United States” and “[further work or material added to an article in another country…”
— 19 C.F.R. § 134.1(b) — 1 case
United States v. John E. Murray, Jr., 621 F.2d 1163 (1st Cir. 1980).
“On his appeal to this court defendant states that the issues are (1) whether the sub-term “substantial transformation” used in 19 C.F.R. § 134.1 (b) is “unconstitutionally vague,” (2) whether the district judge in his instructions to the jury adequately defined that sub-term,…”
— 19 C.F.R. § 134.1(d) — 1 case
Uniroyal, Inc. v. United States, 542 F. Supp. 1026 (Ct. Intl. Trade 1982).
“1(d) of the Customs Regulations (19 C.F.R. 134.1(d)) provides in pertinent part: (d) Ultimate Purchaser.”
— 19 C.F.R. § 134.1(d)(1) — 3 cases
Uniroyal, Inc. v. United States, 542 F. Supp. 1026 (Ct. Intl. Trade 1982).
“1(d) of the Customs Regulations (19 C.F.R. 134.1(d)) provides in pertinent part: (d) Ultimate Purchaser.”
Precision Specialty Metals, Inc. v. United States, 116 F. Supp. 2d 1350 (Ct. Intl. Trade 2000).
“19 C.F.R. 134.1(d)(1) (1996). In light of the relative paucity of precedent on the meaning of these terms under § 1313(b), and the similarity of the analysis under the three statutory schemes, the court will rely in part on interpretations of the subject terms under all three…”
— 19 C.F.R. § 134.1(d)(2) — 1 case
Uniroyal, Inc. v. United States, 542 F. Supp. 1026 (Ct. Intl. Trade 1982).
“1(d) of the Customs Regulations (19 C.F.R. 134.1(d)) provides in pertinent part: (d) Ultimate Purchaser.”
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