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NY E86491




September 23, 1999

CLA-2-85:RR:NC:1:112 E86491

CATEGORY: CLASSIFICATION

TARIFF NO.: 8536.50.9065

Mr. Ryden Richardson, Jr.
Rudolph Miles & Sons
4950 Gateway East
P.O. Box 11057
El Paso, TX 79993-1057

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a Trailer Breakaway Set from Canada; Article 509

Dear Mr. Richardson:

In your letter dated August 13, 1999, on behalf of Hopkins Manufacturing Corporation, you requested a ruling on the status of a Trailer Breakaway Set from Canada under the NAFTA.

As indicated by the submitted sample and descriptive literature, the Trailer Breakaway Set, identified as part number 101-0200-003, consists of a breakaway switch, a breakaway box containing a rechargeable battery, and mounting hardware. This set is designed to bring trailers safely to a stop by activating electric brakes should the trailer become disconnected from the vehicle that is towing it. In operation, the switch unit is electrically wired to the breakaway box which, in turn, is wired to the electric brakes of the trailer. In the event that the trailer becomes disconnected, the breakaway switch separates from its housing and sends an electrical signal through the battery which, in turn, sends electrical power to the trailer brakes and activates them.

The applicable tariff provision for the Trailer Breakaway Set, part number 101-0200-003, will be 8536.50.9065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other electrical switches, for a voltage not exceeding 1,000 V. The general rate of duty will be 2.7 percent ad valorem.

Each of the non-originating materials used to make the Trailer Breakaway Set has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.SR120. The Trailer Breakaway Set 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 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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