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NY 817208



December 27, 1995
CLA-2-82:R:N4:119 817208

CATEGORY: CLASSIFICATION

TARIFF NO.: 8212.10.0000

Mr. Robert Goldstein
U.S. Luggage & Leather Products Co. Inc.
60 Madison Avenue - Suite 1111
New York, NY 10010

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a Travel Razor/Shave Cream Pen from Canada; Article 509

Dear Mr. Goldstein:

In your letters dated November 21 and December 1st 1995, you requested a ruling on the status of a Travel Razor/Shave Cream from Canada under the NAFTA.

The sample you submitted is a combination safety razor and shaving cream dispenser. In its closed position the article has the appearance of a large fountain pen with a pocket clip. It is 6 inches long with a diameter of approximately 5/8 of an inch. It consists of a 2 1/2 inch long cap and a twin-blade safety razor cartridge mounted atop of a cylindrical pressurized shaving cream dispenser which also serves as the handle of the razor. There is a push button at the top of the cylinder to release the shaving cream through a small orifice which is at the back of the cylinder. The replaceable twin-blade cartridge can be rotated to a horizontal position for use and to a vertical position for storage.

The razor/shaving cream dispenser is a composite article whose essential character is imparted by the safety razor. Therefore based on General Rules of Interpretation 3(b) of the Harmonized Tariff Schedule of the United States, the complete article will be classified under the tariff number for the razor.

The applicable subheading for the razor/shaving cream dispenser or Travel Razor/Shave Cream Pen will be 8212.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for razors. The rate of duty for the remainder of 1995 will be 0.3 cent each plus 0.8 percent ad valorem. Effective January 1st 1996, the rate will be 0.2 cent each plus 0.6 percent ad valorem.

The Travel Razor/Shave Cream Pen, 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 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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director

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