[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

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

[CITE: 19CFR10.204]



[Page 172-173]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 10_ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC.

--Table of Contents

 

                    Subpart C_Andean Trade Preference

 

Sec.  10.204  Imported directly.



    In order to be eligible for duty-free treatment under the ATPA, an 

article shall be imported directly from a beneficiary country into the 

customs territory of the United States. For purposes of this 

requirement, the words ``imported directly'' mean:

    (a) Direct shipment from any beneficiary country to the United 

States without passing through the territory of any non-beneficiary 

country; or

    (b) If shipment from any beneficiary country to the United States 

was through the territory of a non-beneficiary country, the articles in 

the shipment did not enter into the commerce of the non-beneficiary 

country while en route to the United States, and the invoices, bills of 

lading, and other shipping documents show the United States as the final 

destination; or

    (c) If shipment from any beneficiary country to the United States 

was through the territory of a non-beneficiary country and the invoices 

and other documents do not show the United States as the final 

destination, then the articles in the shipment, upon arrival in the 

United States, are imported directly only if they:

    (1) Remained under the control of the customs authority in the 

intermediate country;

    (2) Did not enter into the commerce of the intermediate country 

except for the purpose of sale other than at retail, and the articles 

are imported into the United States as a result of the original 

commercial transaction between the importer and the producer or the 

latter's sales agent; and



[[Page 173]]



    (3) Were not subjected to operations in the intermediate country 

other than loading and unloading, and other activities necessary to 

preserve the articles in good condition.