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NY F81641




February 1, 2000

CLA-2-96:RR:NC:SP:221 F81641

CATEGORY: CLASSIFICATION

TARIFF NO.: 9610.00.0000; 4910.00.6000

Ms. Dody Trombley
Norman G. Jensen, Inc.
P.O. Box 2457
192 West Service Road
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of “Dry Erase Mark-Off Boards” from Canada; Article 509.

Dear Ms. Trombley:

In your letter dated December 30, 1999, on behalf of Storex Industries Corporation, you requested a ruling on the status of Dry Erase Mark-Off Board sets from Canada under the NAFTA.

Two samples were provided with your letter. One mark-off board is plain, the other is printed with the days of the week and a grid for a planning calendar. Both types of mark-off boards are packaged for retail sale with an eraser and felt marker. A magnet and adhesive foam tape are also included so that the board can be hung. The board, plastic frame, eraser frame, eraser felt and label are from Canada. The magnets, foam tape and shrink wrap are from the United States. The felt marker is from Italy.

The applicable tariff provision for the plain mark-off board set will be 9610.00.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for slates and boards, with writing or drawing surfaces, whether or not framed. The general rate of duty will be 3.5 percent ad valorem .
The applicable tariff provision for the calendar mark-off board set will be 4910.00.6000, HTSUSA, which provides for calendars of any kind, printed, including calendar blocks: other. The general rate of duty will be 1.2 percent ad valorem. Each of the non-originating materials used to make both the plain and calendar mark-off board sets has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/96.9 and Note 12(t)/49, respectively. The plain and calendar mark-off board sets 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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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