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NY G82201




September 21, 2000

CLA-2-73:RR:NC:N1:G82201 113

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8586

Mr. Harold Averill
Corrigan Dispatch Company
Box 3610
1350 Cheers Boulevard
Brownsville, TX 78523

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of hose clamps from Mexico; Article 509

Dear Mr. Averill:

In your letter dated August 17, 2000, on behalf of Ideal Division - Stant Corporation, you requested a ruling on the status of hose clamps from Mexico under the NAFTA.

The sample you provided is the Pow’r-Gear Clamp, a screw-type hose clamp, assembled in Mexico of 100% American parts. The hose clamp consists of four parts: a metal band, a screw, a housing and a saddle.

The applicable tariff provision for the hose clamp will be 7326.90.8586, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of iron or steel, other. The general rate of duty will be 2.9 percent ad valorem.

The assembly in Mexico is a three-step process. An operator inserts a saddle onto the band and presses it firmly in place with a press fixture. The assembly is then dropped onto a conveyor and taken to the second operator. The second operator puts the screw into the housing and joins those parts to the saddle/band assembly. A machine folds the tabs on the saddle over the holes on the housing. In the last step, the clamp is closed turning the screw clockwise while driving the band through the housing.

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 to 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 134.45(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. 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.

In this case, you state that U.S. component(s) are exported to a NAFTA country where they are assembled prior to being re-imported into the U.S.

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 hose clamp is a good of the United States for marking purposes. Accordingly, it will not be required to have any country of origin marking pursuant to 19 U.S.C. 1304 when imported into the United States.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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