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July 8, 1999

CLA-2-90:RR:NC:MM:114 E84393

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.49.9000

Mr. Joel Junker, P.C.
999 Third Avenue
Suite 2525
Seattle, Washington 98104

RE: Eligibility under NAFTA of the WebVision System from Canada

Dear Mr. Junker:

In your letter dated June 7, 1999, on behalf of Papertech, Inc., you requested a tariff classification ruling.

We issued a ruling to you, New York Ruling E83301, dated June 23, 1999. In the ruling, we classified the WebVision System under 9031.49.9000, Harmonized Tariff Schedule of the United States. We stated, relating to NAFTA eligibility under 9031.49.9000, HTS, that the rule relating to 9031.49.40, HTS, applies. This was an error.

The NAFTA eligibility rule which applies to subheading 9031.49, HTS, under GN 12(t)is: “(A) A change to subheading 9031.49 from any other heading; or (B) A change to heading 9031.49 from subheading 9031.90, whether or not there is also a change from any other heading, provided there is a regional value content of not less than: (1) 60 percent where the transaction value method is used, or (2) 50 percent where the net cost method is used.”

New York Ruling E84393 modifies New York Ruling E83301, and should be applied in conjunction with E83301.

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

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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