[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Rules and Regulations]
[Page 41737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20398]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 10, 12, 102 and 134
[T.D. 96-48]
RIN 1515-AB34
Rules for Determining the Country of Origin of a Good for
Purposes of Annex 311 of the North American Free Trade Agreement;
Corrections
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule; corrections.
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SUMMARY: This document makes corrections to the document published in
the Federal Register which set forth final amendments to the Customs
Regulations regarding the rules for determining when the country of
origin of a good is one of the parties to the North American Free Trade
Agreement (NAFTA) as required by Annex 311 of the NAFTA.
EFFECTIVE DATE: These corrections are effective August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Sandra L. Gethers, Office of
Regulations and Rulings (202-482-6980).
SUPPLEMENTARY INFORMATION:
Background
On June 6, 1996, Customs published in the Federal Register (61 FR
28932) as T.D. 96-48 a document which adopted as a final rule, with
some modifications, interim amendments to the Customs Regulations that
established the rules for determining when the country of origin of a
good is one of the parties to the North American Free Trade Agreement
(NAFTA) as required by Annex 311 of the NAFTA. Those final NAFTA
Marking Rules apply only to all goods imported from Canada or Mexico
other than textile and apparel products, and do not apply to trade with
other countries. The June 6, 1996, notice provided for an August 5,
1996, effective date for the final regulations. A document correcting
several errors in T.D. 96-48 was published in the Federal Register on
July 1, 1996 (61 FR 33845).
This document corrects two additional errors published in T.D. 96-
48.
One error involved the Discussion of Comments portion of the
document under SUPPLEMENTARY INFORMATION. Specifically, the public
comment discussion regarding the Sec. 102.20 tariff shift rule for
subheadings 8482.10-8482.80 (bearings) dealt with only one comment,
which was opposed to the proposed tariff shift rule. However, that
comment discussion failed to reflect that another comment, which was in
favor of the proposed rule, was also received by Customs. This document
corrects the comment discussion to more accurately reflect the totality
of public comments received on this matter.
The second error involved the table under Sec. 102.20 of the final
regulatory texts. Specifically, the entry for HTSUS 8540.71-8540.99
reflected a typographical error in that the reference ``8540.99''
should have read ``8540.89'' in the ``HTSUS'' column and in the
corresponding ``Tariff shift and/or other requirements'' column. This
document sets forth the HTSUS entry in its entirety to correct this
typographical error.
Corrections of Publication
Accordingly, the document published in the Federal Register as T.D.
96-48 on June 6, 1996 (61 FR 28932) is corrected as set forth below.
Correction to the Discussion of Comments Section
On page 28949, in the third column, the paragraphs under the
heading Subheadings 8482.10-8482.80 (Bearings) are corrected to read as
follows:
Comments: The Sec. 102.20 rule set forth in the May 5, 1995, notice
of proposed rulemaking for subheadings 8482.10 through 8482.80 provides
as follows:
A change to subheading 8482.10 through 8482.80 from any other
heading; or
A change to subheading 8482.10 through 8482.80 from any other
subheading, including another subheading within that group, except from
inner or outer races or rings of subheading 8482.99.
Two comments were received on the proposed rule. The first
commentor claimed that the processes of grinding, polishing and heat
treating of rings and races should confer origin. The second commenter
strongly supported the Customs proposal and provided arguments
supporting its position that unfinished races or rings, which have the
essential characteristics of the finished components, should determine
the country of origin of the bearings, whether or not additional heat
treatment or other finishing operations are performed on the races or
rings.
Customs response: Customs agrees with the second commenter. It
remains the position of Customs that the operations described by the
first commenter are merely finishing operations which do not confer
origin. None of these operations changes the essential character of the
article which is processed. The name, character and use of the article
remain the same after these operations are performed. See National Hand
Tool Corp. v. United States, supra, wherein the court held that
operations such as grinding, polishing and heat treating are merely
finishing operations which do not constitute a substantial
transformation. Therefore, the revision of the Sec. 102.20 rule for
these goods should be adopted as proposed.
Correction to the Final Regulations
At the bottom of page 28975, the entry for HTSUS 8540.71-8540.99 is
corrected to read as follows:
8540.71-8540.89--A change to subheading 8540.71 through 8540.89 from
any other subheading, including another subheading within that group.
Dated: August 6, 1996.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 96-20398 Filed 8-9-96; 8:45 am]
BILLING CODE 4820-02-P