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NY 806645




March 8, 1995

CLA-2-:S:N:N:3:102 806645

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.89.6085

Mr. Randy Eisener
Perfect Pass Control Systems, Inc.
169 Foster Avenue
Fall River, Nova Scotia
Canada, B0N 2V0

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the "Perfect Pass" electronic speed control system from Canada

Dear Mr. Eisener:

In your letter dated January 30, 1995 you requested a ruling on the status of the Perfect Pass electronic speed controller from Canada under the NAFTA.

The article at issue is a microprocessor based speed controller used on ski boats. The system continuously monitors any change in boat speed (via pressure transducers) and compensates automatically to maintain a pre-set water speed. In effect, the system is the aquatic equivalent of an automotive cruise controller.

The applicable tariff provision for the Perfect Pass system will be 9032.89.6085, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other automatic regulating or controlling instruments and apparatus, other. The general rate of duty will be 4.3 percent ad valorem. The Perfect Pass, being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a * 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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