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Practice Areas

CBP Identifies Country of Origin of Certain Data Storage Products

Tuesday, March 14, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has issued a final determination concerning the country of origin of certain data storage products of subheading 8471.70 that may be offered to the U.S. government under an undesignated government procurement contract. Any party-at-interest may seek judicial review of this determination by April 13. CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. government.

CBP determined that certain processing operations carried out in Mexico result in a substantial transformation for two of the three products under consideration. However, for the third product under consideration the processing in Mexico does not result in a substantial transformation and that product is therefore deemed to originate in Malaysia for purposes of U.S. government procurement. However, the country of origin for all three products for marking purposes will be Mexico under the NAFTA marking rules.

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