[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR10.14]

[Page 88-89]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC.--Table of Contents
 
Sec. 10.14  Fabricated components subject to the exemption.

    (a) Fabricated components, the product of the United States. Except 
as provided in Sec. 10.15, the exemption provided under subheading 
9802.00.80, Harmonized Tariff Schedule of the United States (HTSUS) (19 
U.S.C. 1202), applies to fabricated components, the product of the 
United States. The components must be in condition ready for assembly 
without further fabrication at the time of their exportation from the 
United States to qualify for the exemption. Components will not lose 
their entitlement to the exemption by being subjected to operations 
incidental to the assembly either before, during, or after their 
assembly with other components. Materials undefined in final dimensions 
and shapes, which are cut into specific shapes or patterns abroad are 
not considered fabricated components.

    Example 1. Articles identifiable in their exported condition as 
components or parts of the article into which they will be assembled, 
such as transistors, diodes, integrated circuits, machinery parts, or 
precut parts of wearing apparel, are regarded as fabricated components.
    Example 2. Prestamped metal lead frames for semiconductor devices 
exported in multiple unit strips in which the individual frame units are 
connected to each other, or integrated circuit wafers containing 
individual integrated circuit dice which have been scribed or scored in 
the United States, are regarded as fabricated components. The separation 
of the individual frames by cutting, or the segmentation of the wafer 
into individual dice by flexing and breaking along scribed or scored 
lines, is regarded as an operation incidental to the assembly process.
    Example 3. Wires of various type, electrical conductors, metal 
foils, insulating tapes, ribbons, findings used in dressmaking, and 
similar products, which are in a finished state when exported from the 
United States, and are ready for use in the assembly of the imported 
article, are regarded as fabricated components if they are only cut to 
length or subjected to operations incidental to the assembly process 
while abroad.

[[Page 89]]

    Example 4. Uncut textile fabrics exported in bolts from which 
wearing apparel components will be cut according to a pattern are not 
regarded as fabricated components. Similarly, other materials, such as 
lumber, leather, sheet metal, plastic sheeting, exported in basic shapes 
and forms to be fabricated into components for assembly, are not 
eligible for treatment as fabricated components.

    (b) Substantial transformation of foreign-made articles or 
materials. Foreign-made articles or materials may become products of the 
United States if they undergo a process of manufacture in the United 
States which results in their substantial transformation. Substantial 
transformation occurs when, as a result of manufacturing processes, a 
new and different article emerges, having a distinctive name, character, 
or use, which is different from that originally possessed by the article 
or material before being subject to the manufacturing process. The mere 
finishing or modification of a partially or nearly complete foreign 
product in the United States will not result in the substantial 
transformation of such product and it remains the product of a foreign 
country.

    Example 1. A cast metal housing for a valve is made in the United 
States from imported copper ingots, the product of a foreign country. 
The housing is a product of the United States because the manufacturing 
operations performed in the United States to produce the housing 
resulted in a substantial transformation of the foreign copper ingots.
    Example 2. An integrated circuit device is assembled in a foreign 
country and imported into the United States where its leads are formed 
by bending them to a specified angle. It is then tested and marked. The 
imported article does not become a product of the United States because 
the operations performed in the United States do not result in a 
substantial transformation of the foreign integrated circuit device.
    Example 3. A circuit board assembly for a computer is assembled in 
the United States by soldering American-made and foreign-made components 
onto an American-made printed circuit board. The finished circuit board 
assembly has a distinct electronic function and is ready for 
incorporation into the computer. The foreign-made components have 
undergone a substantial transformation by becoming permanent parts of 
the circuit board assembly. The circuit board assembly, including all of 
its parts is regarded as a fabricated component, the product of the 
United States, for purposes of subheading 9802.00.80, HTSUS (19 U.S.C. 
1202).

[T.D. 75-230, 40 FR 43022, Sept. 18, 1975, as amended by T.D. 89-1, 53 
FR 51247, Dec. 21, 1988]