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NY 810603




June 1, 1995

CLA-2-73:S:N:N3:118 810603

CATEGORY: CLASSIFICATION

TARIFF NO.: 7312.10.7000

J. Lawrence
Cole International Inc.
840, 138-4th Avenue S.E.
P.O. Box 2718, Stn. "M"
Calgary, Alta, Canada T2P 3C2

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a cable assembly from Canada

Dear Mr. Lawrence:

In your letter dated May 3 you requested, on behalf of your client Ben-Mor Cables Inc., a ruling on the status of a cable assembly from Canada under the NAFTA.

You state that the enclosed sample is made from steel cable which is imported from Korea in bulk (under 7312.10.9090 HTS), then cut to length, coated with plastic, and then fitted with two steel fittings. You further state that the materials other than the cable originate in Canada and the assembly of these materials is done in Canada. After importation into the United States, the finished product will be used as part of an exercise machine.

The applicable tariff provision for the cable assemblies will be 7312.10.7000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for cables... of iron or steel, not electrically insulated: ... other than stranded wire: Other: Fitted with fittings or made up into articles. The general rate of duty will be 5.1 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because the cable assembly will not be wholly obtained in the territory of a NAFTA country. The non-originating cable from Korea used in the production of the assembly will not undergo the change in tariff classification required by General Note 12(t) 73 (9), HTSUSA. Under this note, a tariff shift is permitted when the classification of the non originating material changes to headings 7312 through 7314 from any other heading, including another heading within that group. In the instant case the Korean cable would have entered Canada under 7312.10.90 HTS and when made into cable assemblies would be classifiable under 7312.10.70 HTS. While there is a classification change, the change is on the level of subheadings and not "headings" as required by the NAFTA Rule.

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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