Generalized System of Preferences; Travertine imported from Turkey

HQ H045138 January 5, 2009 OT-RR:CTF:VS H045138 GOB CATEGORY: Classification Jacqueline Licor Lufran International P.O. Box 527203 Miami, FL 33152-7203 RE: Generalized System of Preferences; Travertine imported from Turkey Dear Ms. Licor: This is in response to your correspondence of November 7, 2008 on behalf of Stoneline Group LLC (“Stoneline”), requesting a binding ruling. Our ruling follows. FACTS: You inquire as to whether certain travertine imported from Turkey is eligible for treatment under the Generalized System of Preferences (“GSP”). You have provided entry documents indicating that the subject travertine is classified in subheading 6802.91.25, Harmonized Tariff Schedule of the United States (“HTSUS”). The “Special” subcolumn for this provision contains the designation “A*” for subheading 6802.91.25, HTSUS. ISSUE: The issue presented is whether the subject travertine is eligible for treatment under the GSP. LAW AND ANALYSIS: Title V of the Trade Act of 1974, as amended (19 U.S.C. §§ 2461-65), authorizes the President to establish a Generalized System of Preferences to provide duty-free treatment for eligible articles imported directly from beneficiary developing countries (“BDCs”). Articles produced in a BDC may qualify for duty-free treatment under the GSP if the goods are imported directly into the customs territory of the United States from the BDC and the sum of the cost or value of materials produced in the BDC, or any two or more countries that are members of the same association of countries and are treated as one country under 19 U.S.C. § 2467(2), plus the direct costs of the processing operations performed in the BDC or member countries, is equivalent to at least 35 percent of the appraised value of the article at the time of entry into the United States. See 19 U.S.C. § 2463(a)(2) and (3), and the implementing Bureau of Customs and Border Protection (“CBP”) Regulations at 19 CFR § 10.171-178. Turkey has been designated as a BDC for purposes of the GSP and may be afforded preferential treatment under the 2008 Harmonized Tariff Schedule of the United States (“HTSUS”). See General Note 4(a), HTSUS (2008). General Note 4(c), HTSUS (2008), provides in pertinent part as follows: Articles provided for in a provision for which a rate of duty of “Free” appears in the “Special” subcolumn followed by the symbols “A” or “A*” in parentheses are those designated by the President to be eligible articles for purposes of the GSP pursuant to section 503 of the Trade Act of 1974 . . . . . . . The symbol “A*” indicates that certain beneficiary developing countries, specifically enumerated in subdivision (d) of this note, are not eligible for such preferential treatment with regard to any article provided for in the designated provision. General Note 4(d), HTSUS (2008) provides in pertinent part as follows: Articles provided for in a provision for which a rate of duty of “Free” appears in the “Special” subcolumn of rate of duty column 1 followed by the symbol “A*” in parentheses, if imported from a beneficiary developing country set out opposite the provisions enumerated below, are not eligible for the duty-free treatment provided in subdivision (c) of this note: … Turkey Turkey Accordingly, travertine imported into the U.S. from Turkey, classified in subheading 6802.91.20 or 6802.91.25, HTSUS, is not eligible for treatment under the GSP. We emphasize that this ruling only pertains to the eligibility of travertine imported from Turkey for treatment under the GSP. We make no determination herein as to which provision of the HTSUS the travertine is classified in. HOLDING: Travertine imported into the U.S. from Turkey, classified in subheading 6802.91.20 or 6802.91.25, HTSUS, is not eligible for treatment under the GSP. A copy of this ruling letter should be attached to the entry documents filed at the time the subject goods are entered. If the documents have been filed without a copy of this ruling letter, the ruling letter should be brought to the attention of CBP at the port of entry. Sincerely, Monika R. Brenner Chief Valuation & Special Programs Branch