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NY F83332




March 22, 2000

CLA-2-85:RR:NC:2:227 F83332

CATEGORY: CLASSIFICATION

TARIFF NO.: 8539.49.0040

Mr. Frank M. Murphy
Norman G. Jensen, Inc.
1915 Dove
Port Huron, Michigan 48060

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

Dear Murphy:

In your letter dated February 15, 2000, on behalf of Trojan Technologies Inc., you requested a ruling on the status of an ultraviolet lamp assembly from Canada under the NAFTA. The sample submitted will be returned as requested.

The merchandise in question is an ultraviolet lamp assembly that is the light component of the Trojan System UV 4000. The Trojan UV 4000 system is a method to disinfect wastewater by the use of ultraviolet light.

The subject lamp assembly module is described as measuring approximately 25.5 inches in length with an approximate diameter of 2.5 inches. It consists of a plastic base with two rubber O-rings and an electrical plug to connect to the electrical supply. Two metal rods from opposite ends of the base hold the assembly in place. The metal rods pass through two ceramic disk assemblies, one is located at the midpoint and the other at the top of the assembly. The midpoint disk serves as the base for the lamp and the top disk secures the top of the bulb. Both the bottom and the top of the bulb have electrical connectors.

The O-rings in the base are from Taiwan and cost Canadian $0.175. The ultraviolet lamp (bulb) originates in either Germany or Belgium and cost Canadian $96.58.

Each of the two ceramic disk assemblies consists of a ceramic disk and a metal disk with three prongs. The ends of the prongs are covered wirh heatshrink tubing. These prongs engage the quartz glass sleeve to hold the lamp assembly in place. Each disk has two hollow tubular flanged rivets at the outer edge. The two metal rods originating at the outer edge of the base pass through tubular rivets and hold the assembly together. One rod is connected by wire to the top of the bulb and serves as a conductor to complete the electrical circuit. The ceramic disks are products of Hungary and cost Canadian $5.31. The balance of the materials, such as the metal disk, rivets and heatshrink tubing, are from Canada and cost Canadian $16.58.

A third metal rod extends from the center of the base of the assembly to the base of the bulb at the midpoint disk. The rod is connected to the bulb by a wire to make the electrical connection. The total cost of the ultraviolet lamp assembly is Canadian $131.49.

You suggest that the proper tariff classification of the ultraviolet lamp assembly is under subheading 8421.99, HTS, as parts of filtering and purifying machines and apparatus. However, note 2(a) of section XVI, HTS, which states “Parts which are goods included in any of the headings of Chapters 84 and 85 (other than headings Nos.84.85 and 85.48) are in all cases to be classified in their respective headings,” requires classification of the ultraviolet lamp assembly in subheading 8539.49, HTS, the provision for ultraviolet lamps. In addition, the Explanatory Notes to section XVI state, in pertinent part, that such articles “are in all cases classified in their own appropriate heading even if specially designed to work as part of a specific machine.”

The applicable tariff provision for the ultraviolet lamp assembly will be 8539.49.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for ultraviolet lamps. The general rate of duty will be 2.6 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/85, HTSUSA.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations, provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.

You state that the imported ultraviolet lamp assembly is processed in a NAFTA country "Canada" prior to being imported into the U.S. Since "Canada" is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported ultraviolet lamp assembly is a "good of a NAFTA country", and thus subject to the NAFTA marking requirements.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported ultraviolet lamp assembly is a good of Germany or Belgium for marking purposes.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

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 George Kalkines at 212-637-7073.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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