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NY 811287




June 29, 1995

CLA-2-90:S:N:N3:114 811287

CATEGORY: CLASSIFICATION

TARIFF NO.: 9006.53.0040, 9006.53.0080

Mr. Joel Debora
Gustin-Kramer Limited
80 Doney Crescent
Concord, Ontario L4K 3P1

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Disposable Single-Use Cameras, with components from Canada, the United States, Germany and Japan; Article 509

Dear Mr. Debora:

In your letter dated April 25, 1995, and amended on May 17, 1995, you requested a ruling on the status of disposable cameras consisting of camera shells, 35 mm film, and batteries from various countries under the NAFTA.

You present four situations in your letter. In the first, the camera shell is made in the United States, the film is made in Germany and the battery is made in Canada. In the second situation, the camera shell is made in Japan, the film is made in Germany and the battery is made in Canada. In the third situation, the camera shell is made in Japan, the film is made in the United States and the film is made in Canada. The fourth situation, added to your letter on May 17, 1995, the camera shell is made in the United States, the film is made in the United States and the battery is made in Canada.

The camera shells are composed of plastic and are purchased from photofinishing laboratories. These shells are destined for landfills at this point. Your company plans to purchase these shells and reuse them to produce a disposable camera. You do not interchange any parts of the camera shells, nor melt down the plastic. The shells are used in as is condition. They are cleaned, inspected, a roll of 35 mm film is inserted and a new battery is inserted, if needed. The disposable single-use camera is then packaged for sale.

The applicable tariff provision for the disposable cameras with a built-in flash unit will be 9003.53.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other photographic cameras, for roll film of a width of 35 mm, with built-in electronic stroboscopic flash. The general rate of duty will be 2.4 percent ad valorem.

The applicable tariff provision for the disposable cameras without the built-in flash unit will be 9003.53.0080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other photographic cameras, for roll film of a width of 35 mm, other. The general rate of duty will be 2.4 percent ad valorem.

To be eligible for tariff preferences under the North American Free Trade Agreement (NAFTA), goods must be "originating goods" within the rules of origin set forth in General Note 12(b), HTSUS. There are two methods by which goods imported into the United States may be goods originating in the territory of a NAFTA party. The first method is that "they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and /or the United States." See General Note 12(b)(i), HTSUS. The second method is that they have been "transformed in the territory of Canada, Mexico, and/or the United States" pursuant to General Note 12(b)(ii)(A), HTSUS. This note requires that each of the non- originating material used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s), and (t) of this note or the rules set forth therein.

Each of the non-originating materials, the Agfa film made in Germany and the Fuji or Konica shells made in Japan, used to make the disposable camera have satisfied the changes in tariff classification required under the HTSUSA General Note 12(t)/90. The Fuji or Konica shells which are made in Japan will also 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 General Note 12 (t)/90, number 10 (B) (1) and (2), the rule applicable to the disposable cameras. 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)), may be submitted 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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