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NY 805334



January 11, 1995
CLA-2-90:S:N:N3:119 805334

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.20.0040

Mr. Rick Mackay
Jarek Manufacturing Limited
856 Walfred Rd
Victoria, BC V9C 2P2

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an Infrared Laser Apparatus from Canada

Dear Mr. Mackay:

In your letter dated December 20, 1994 you requested a ruling on the status of an Infrared Laser Apparatus from Canada under the NAFTA.

The infrared laser apparatus is used by veterinarians to promote soft tissue healing of wounds or damage to muscles and tendons. It consists of a control box with indicator lights and an aluminum handpiece. It is manufactured in Canada from parts mostly of U.S. and Canadian origin. There are some parts such as battery packs, battery chargers, switches, capacitors, transistors, resistors, relays and fuses that are imported from Japan, Taiwan and other non-NAFTA countries.

The applicable tariff provision for the infrared laser apparatus will be 9018.20.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for ultraviolet or infrared ray apparatus, and parts and accessories thereof. The general rate of duty will be 3.4 percent.

Each of the non-originating materials used to make the infrared laser apparatus has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/90. The infrared laser apparatus will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and 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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