60 On November 26, 2008, blended yarn (5205.13) consisting of 95% cotton fibers originating from Mexico and 5% nylon fiber (5506.10) from Taiwan, is imported from Mexico under HTSUS 5506.10. Subsequently on November 27, 2009, a Post Importation NAFTA claim is filed. Should the 520(d) claim be allowed?
A. The Taiwanese fibers of heading 5506.10, falls outside the range of non-allowable changes in tariff classification, therefore the claim should be allowed.
B. The claim should be allowed because the Mexican fibers predominate in weight, 95%, therefore the yarn originates under Note 12(b)(i) as ‘goods wholly obtained or produced entirely in the territory of the NAFTA parties.’
C. The claim should be allowed because it is within the 1-year time frame and under de minimis rule Note 12(f); it does originate.
D. This claim should be allowed because the blended yarn is a specialty yarn of chapter 56 and requires only a “single transformation,” spun within a NAFTA territory.
E. This claim should not be allowed because the claim is outside the time frame.
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The Answer is: C
Citation: 19 CFR 181.31, HTS General Note 12
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