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NY 803363




November 2, 1994

CLA-2-84:S:N:N1:106 803363

CATEGORY: CLASSIFICATION

TARIFF NO.: 8409.91.9990

Mr. Joe Alcantar, Jr.
Brown, Alcantar & Brown, Inc.
9630 Plaza Circle
P.O. Box 1161
El Paso, TX 79947-1161

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of an engine shroud from Mexico; Article 509

Dear Alcantar:

In your letter dated September 28, 1994 on behalf of International Technologies & Manufacturing Co. you requested a ruling on the status of an engine shroud from Mexico under the NAFTA. You submitted a sample of the article and descriptive literature with your request

The product under consideration is a shroud used to cover an air-cooled engine described as the VH4D Wisconsin. This is a 4- cylinder, 30 horsepower gasoline engine which will be used for a variety of industrial applications. The shroud is used to improve air circulation around the cylinders and heads and will be original equipment on the engine. The engine shroud is shipped in several pieces from the United States to Mexico for assembly by welding. All shroud components are said to be made wholly from materials obtained in the United States.

The applicable tariff provision for the engine shroud will be 8409.91.9990, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for parts suitable for use solely or principally with the engines of heading 8407 or 8408. The general rate of duty will be 3.1 percent ad valorem.

The engine shroud, being wholly obtained or produced entirely in the territory of the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under he NAFTA upon compliance with all applicable laws, regulations, nd agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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