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NY C87847




May 29, 1998

CLA-2-73:RR:NC:1:118 C87847

CATEGORY: CLASSIFICATION

TARIFF NO.: 7320.10.3000; 7320.10.6015

Mr. Thomas E. Mireles
Eugenio Mireles
Customhouse Broker
P.O. Box 1226
1109 Ferry Street
Eagle Pass, TX 78852

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of multi-leaf springs from Mexico; Article 509.

Dear Mr. Mireles:

In your original letter dated April 28, 1998, you requested a tariff classification ruling relating to the applicability of a NAFTA transaction, on behalf of Rassini S.A. de C.V., Coahulla, Mexico. Your supplemental letter dated May 13, 1998, provided us with the information to give you a binding ruling.

Steel bars which are purchased in Korea are to be used in the production of leaf springs in Mexico. The subject items, which are made of steel, are known as flat rolled multi-leaf springs used in truck suspension/mounting systems. The thickness of the individual leaves range in size from .323 to .812 inches. As a leaf spring, the sizes range from 3 to 15 inches. Springs are produced for vehicles that do not exceed 4 metric tons of G.V.W. as well as those that do. The customers in the United States will be General Motors, Ford and Chrysler.

The applicable tariff provision for the springs to be used in motor vehicles having a G.V.W. not exceeding 4 metric tons will be 7320.10.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for springs and leaves for springs, of iron or steel: leaf springs and leaves therefor: suitable for motor vehicle suspension: to be used in motor vehicles having a G.V.W. not exceeding 4 metric tons. The general rate of duty will be 3.4% ad valorem.

The applicable tariff provision for the springs to be used in motor vehicles exceeding 4 metric tons will be 7320.10.6015, HTSUSA, which provides for springs and leaves for springs, of iron or steel: leaf springs and leaves therefor: suitable for motor vehicle suspension: other: leaf springs having individual leaves with a thickness of 1.6 mm or more and leaves therefor. The general rate of duty will be 3.4% ad valorem.

Each of the non-originating materials used to make the multi-leaf springs has satisfied the change in tariff classification required under HTSUSA General Note 12(t)/73.20. The change to a different heading (7320) from any other heading has been met. Therefore, all of these springs will 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 CFR 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.

Should you have any further questions on this matter, please contact National Import Specialist Kathy Campanelli of my office at FTS 212-466-5492.

Sincerely,

Robert Swierupski
Director

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