[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR177.22]



[Page 349]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 177_ADMINISTRATIVE RULINGS--Table of Contents

 

   Subpart B_Government Procurement; Country-of-Origin Determinations

 

Sec.  177.22  Definitions.



    (a) Country of origin. For the purpose of this subpart, an article 

is a product of a country or instrumentality only if (1) it is wholly 

the growth, product, or manufacture of that country or instrumentality, 

or (2) in the case of an article which consists in whole or in part of 

materials from another country or instrumentality, it has been 

substantially transformed into a new and different article of commerce 

with a name, character, or use distinct from that of the article or 

articles from which it was so transformed. The term ``instrumentality'' 

shall not be construed to include any agency or division of the 

government of a country, but may be construed to include such 

arrangements as the European Economic Community.

    (b) Advisory ruling. An advisory ruling is a non-binding, non-

reviewable written statement issued by the Director, Commercial Rulings 

Division, Headquarters, U.S. Customs Service, which does no more than 

call attention to a well established interpretation or principal of law 

relating to the country of origin, without applying it to a particular 

set of facts. Customs will issue an advisory ruling in response to a 

request for a final determination if:

    (1) The request suggests that general information, rather than a 

final determination, is actually being sought,

    (2) The request is incomplete or otherwise fails to meet the 

requirements set forth in Sec.  177.25(a), or

    (3) The ruling requested cannot be issued for any other reason, and 

Customs believes that the general information supplied by an advisory 

ruling may be of some benefit to the party making the request. An 

advisory ruling is not a ruling issued prior to importation under 28 

U.S.C. 1581(h).

    (c) Final determination. A final determination is a binding 

judicially reviewable statement issued by the Assistant Commissioner, 

Office of Regulations and Rulings, Headquarters, U.S. Customs Service, 

in response to a written request submitted under the provisions of this 

subpart that interprets and applies the provisions of law and regulation 

relating to the country of origin to a specific set of facts. A final 

determination may be issued to a party-at-interest prior to actual entry 

of the merchandise.

    (d) Party-at-interest. For purposes of this subpart the term party-

at-interest means:

    (1) A foreign manufacturer, producer, or exporter, or a United 

States importer of merchandise which is the subject of a final 

determination under this subpart,

    (2) A manufacturer, producer, or wholesaler in the United States of 

a like product,

    (3) United States members of a labor organization or other 

association of workers whose members are employed in the manufacture, 

production, or wholesale in the United States of a like product, and

    (4) A trade or business association a majority of whose members 

manufacture, produce, or wholesale a like product in the United States.



[T.D. 83-13, 48 FR 1189, Jan. 11, 1983, as amended by T.D. 91-77, 56 FR 

46115, Sept. 10, 1991]



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