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NY 810473




June 06, 1995

CLA-2-94:S:N:N8:233 810473

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.10.0040

Mr. Joseph De La Luz, V.P., Customs
Ericsson Network Systems Inc.
730 International Parkway
Richardson, Texas 75081

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

Dear Mr. De La Luz:

In your letter dated April 24, 1995, you requested a ruling on the status of a Metal Cabinet from Mexico under the NAFTA.

The submitted illustrative material depicts the furniture item as a Metal Cabinet, Product No. BYBC 202 24/602 R3A. Model 202 is a family of cabinets designed to meet the increasingly strigent demands for disturbance immunity, heat dissipation, flexibility of layout, and maintainability. The Metal Cabinet is designed to be placed on the floor or ground and will be used to house telephone switching equipment (Printed Circuit Boards or Magazines, etc.).

The Metal Cabinet will be made of various parts (list provided) from Mexico and Sweden. They will all be changed and converted to furniture parts used in the making of the Metal Cabinets through shearing, punching, bending, powder coating and assembly. The applicable tariff provision for the Metal Cabinet will be 9403.10.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for: Other furniture and parts thereof: Metal furniture of a kind used in offices, other. The general rate of duty will be 3.2 percent ad valorem.

Each of the non-originating materials used to make the Metal Cabinet has satisfied the changes in tariff classification required under General Note 12 (t)/94.4, HTSUSA. The Metal Cabinet 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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