October 2020 (AM) — Question 68

European grown and processed tobacco enters the U.S. under subheading 2401.30.03 and is manufactured into goods of subheading 2403.91.20 and shipped to Mexico. The goods are then further processed in Mexico and finally returned to the United States under subheading 2403.91.20. Do the goods imported into the United States from Mexico qualify to receive preferential tariff treatment under NAFTA?

• AThis can only be determined by the U.S.-Mexico NAFTA Technical Committee at its transaction review, which will automatically be conducted using confidential criteria shortly after importation
• BNo, the goods definitely do not qualify✓ CBP's answer
• CYes, the goods qualify without condition
• DOnly if the goods are satisfactorily labeled with required health warnings
• EProvisionally, pending verification of compliance with USDA product quality standards CATEGORY XI – Foreign Trade Zone/Warehouse