NY 891570 - The tariff classification of electrical enclosures from Mexico. - United States International Trade Commision Rulings

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NY 891570

October 25, 1993

CLA-2-73:S:N:N3:115 891570

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.9090

Mr. Porfirio Waters
Parker & Co.
403 E. Texano Dr.
Hidalgo, Texas 78557

RE: The tariff classification of electrical enclosures from Mexico.

Dear Mr. Waters:

In your letter dated October 13, 1993, you requested a tariff classification ruling, on behalf of your client, Hoffman Engineering Company, Anoka, Minnesota.

The subject items are described as follows:
a) Nema 1 - electrical enclosure b) Nema 3R - electrical enclosure c) Nema 1 - wireways and accessories d) Nema 12 - wireways and accessories

The Nema 1 and Nema 3R enclosures are produced using similar manufacturing processes. They are basically constructed with a body, a cover, and two ends (or a top and a bottom). All components begin in one of three ways: coil, sheet metal, or cut- to-size blank. The component would then be cut or stamped to size, if necessary. In general, bodies are pierced and formed. Covers are formed and usually spotwelded. Ends are formed and may require spotwelding components. The enclosures' primary function is to protect instrument controls and make viewing of these controls easier.

When these component pieces have been completed, they are combined to form a subassembly. Following subassembly, the enclosures are painted and assembled. The enclosures are made of steel.

The Nema 1 and Nema 12 wireways and accessories are produced in a similar fashion to the processes described for the enclosures above. The function of these items is to protect electrical wiring from dust, dirt, oil, etc. The wireways are made of steel. The classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI'S). GRI 1, HTS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...". This Rule applies to your product.

The applicable subheading for the enclosures and the wireways will be 7326.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The duty rate will be 5.7% ad valorem.

Articles classifiable under subheading 7326.90.9090, HTS, which are products of Mexico, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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.

Sincerely,

Jean F. Maguire
Area Director

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