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NY 810177




May 23, 1995

CLA-2-73:S:N:N3:115 810177

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8590

Mr. George L. Carey
Concrete Construction Products Marketing
501 Edgewood Drive
Exton, PA 19341

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of frames from Mexico.

Dear Mr. Carey:

In your letter dated May 15, 1995, you requested a ruling on the status of steel concrete forming frames from Mexico.

The special shape side rails are extruded in 40-60 feet lengths in Korea and imported into Mexico for further processing.

In Mexico, the side rails are cut, punched and further deformed into special lengths and end configurations. The special lengths of rails are jigged and welded to make the particular shape. The finished shapes are cleaned and painted and then shipped to the United States. The product is an all steel frame used in the forming of concrete. The large size frame is 8 feet x 24 inches x 2 1/2 inches and weighs approximately 50 lbs. The smaller frame is 3 feet x 4 inches x 2 1/2 inches and weighs approximately 11 lbs.

In your request, you express the opinion that these steel frames are similar to merchandise which is classified under HTS 7308.90.95, which is the provision for steel structures. Based upon the information submitted, these steel frames cannot be considered as steel structures since they are not weight bearing items in and of themselves; but rather, are merely steel frames used in the forming of concrete.

In order to be classified under the NAFTA provisions one of the following general rules found in Section 102.11 must be met to determine the country of origin.

Subpart B Rules of Origin Section 102.11 General Rules states (a) the country of origin of a good is the country in which: (1) The good is wholly obtained or produced; (2) The good is produced exclusively from domestic materials; or (3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in Section 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied. This office will classify the frames as an article of iron or steel, other.

To determine if the imported merchandise is eligible for NAFTA consideration, one of the conditions of Section 102.11 of the General Rules must be met. In this instance, condition 3 which describes a tariff shift and/or other requirements for particular HTS Chapters may be applicable. The language for HTSUS numbers 73.25-73.26 is as follows: A change to heading 73.25 through 73.26 from any other heading including another heading within that group.

The applicable tariff provision for the frames will be 7326.90.8590, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of iron or steel, other. The general rate of duty will be 5.1% ad valorem.

Each of the non-originating materials used to make the frames has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/73-27. The frames 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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