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NY 809859




May 11, 1995

CLA-2-73:S:N:N3:113 809859

CATEGORY: CLASSIFICATION

TARIFF NO.: 7321.11.1060

Ms. Erin Yeary
Daniel B. Hastings, Inc.
P.O. Box 673
Laredo, Texas 78042

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the Easy Cooker from Mexico; Article 509

Dear Ms. Yeary:

In your letter dated April 24, 1995, on behalf of Vanderwood Enterprises, USA Ltd., Co., you requested a ruling on the status of portable cookers from Mexico under the NAFTA.

The merchandise is the Easy Cooker portable propane cooker. The item is a steel griddle in a wooden frame that rests on a steel tripod. A gas burner is mounted on the underside of the griddle. Below the burner there is a triangular shelf. A propane tank (not included) will be attached to the burner to provide heat. The cooking surface is 12 « by 17 « inches. The cooker stands about 32 inches high. The wooden frame, which encloses the griddle on three sides, is 5 « inches wide.

The applicable tariff provision for the Easy Cooker will be 7321.11.1060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for stoves, ranges, grates, cookers ... barbeques, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, of iron or steel, cooking appliances and plate warmers, for gas fuel or for both gas and other fuels, portable, other. The general rate of duty will be 5.7 percent ad valorem.
According to your letter, all the parts of this item originate in either the United States or Mexico, with the exception of the burner, which is the product of Brazil. For NAFTA purposes, the merchandise will be subject to a Regional Value Content (RVC) requirement of 60% under the Transaction Value Method or 50% under the Net Cost Method as required under the rule applicable to the burner. Assuming the goods are eligible for preferential treatment under the NAFTA, the merchandise 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). Because of insufficient information in your ruling request, Customs has not addressed the Regional Value Content (RVC) of the subject goods. If you desire a ruling regarding the RVC of your goods and their eligibility for NAFTA preferential treatment, the information noted in Section 181.93(b) of the Customs Regulations (19 CFR 181.93(b)), should be sent to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229, along with a copy of this letter.

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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