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August 20, 1999

CLA-2-85:RR:NC:1:112 E85192

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.9050

Mr. Jim Camano
Aurora U/W Metal Detectors, Ltd.
14 Cavalier Dr.
Lower Sackville
Nova Scotia B4C 3K3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an underwater metal detector from Canada; Article 509

Dear Mr. Camano:

In your letter dated July 21, 1999 you requested a ruling on the status of an underwater metal detector from Canada under the NAFTA.

As indicated by the submitted literature, this metal detector, identified as the Aurora Micro Pulse, is an ultra-low frequency metal detector that is worn on the wrist. It can be set to detect ferrous and/or non-ferrous metal and indicates its findings by means of a three color, ten segment LED display.

The applicable tariff provision for the Aurora Micro Pulse will be 8531.80.9050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other electric sound or visual signaling apparatus. The general rate of duty will be 1.3 percent ad valorem.

The Aurora Micro Pulse underwater metal detector, being made entirely in the territory of Canada 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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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