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NY 815554




November 21, 1995

CLA-2-84:R:N1:103 815554

CATEGORY: CLASSIFICATION

TARIFF NO.: 8425.42.0000

Mr. Larry Robinette
Quality Products
3600 W. Dickinson Blvd.
Fort Stockton, TX 79735

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an unfinished hydraulic jack from Mexico; Article 509

Dear Mr. Robinette:

In your letter dated October 18, 1995 you requested a ruling on the status of an unfinished hydraulic jack from Mexico under the NAFTA.

The pedestal type transmission jack is a hydraulic jack which aids in the removal or installation of a transmission from an automobile or light truck. It basically consists of an X-shaped base with four casters, a central column incorporating a hydraulic cylinder, and an adjustable saddle which may be tilted forward, backward, or to either side to assure precise alignment. It will be imported without its hydraulic cylinder, which will be included by your firm prior to shipping it to your customer. The jack can lift transmissions weighing up to 1500 pounds.

According to your letter, the Mexican manufacturer buys the steel used in the jack from North American suppliers, and your firm supplies him with nuts and bolts of North American origin. You state that the casters used on the jack may not be of North American origin, but that they are worth less than 5 percent of the value of the jack. For purposes of this ruling, we assume the steel is produced in North America.

The applicable tariff provision for the unfinished pedestal type transmission jack will be 8425.42.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other hydraulic jacks and hoists. The general rate of duty will be 1.6 percent ad valorem.

The casters are considered to be de minimis per HTSUSA General Note 12(f). Accordingly, the unfinished pedestal type jack, being made entirely in the territory of Canada, Mexico, and/or the United States 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).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Horowitz at 212-466-5494.

Sincerely,

Roger J. Silvestri
Director

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