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NY H82235




July 5, 2001

CLA-2-32:RR:NC:SP:236 H82235

CATEGORY: CLASSIFICATION

TARIFF NO.: 3206.49.1000

Tom Martin
Deringer Logistics Consulting Group
6930 Metroplex Drive
Romulus, MI 48174

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of black color concentrate from Canada; Article 509

Dear Mr. Martin:

In your letter dated May 24, 2001, on behalf of Colortech Inc., you requested a ruling on the status of black color concentrate from Canada under the NAFTA.

The Colortech Inc. black color concentrate was the subject of HQ 086865. You state the black color concentrate is made with low-density polyethylene pellets from Canada, carbon black from Iran, and some concentrate also may contain calcium carbonate from the United States.

The applicable tariff provision for the black color concentrate will be 3206.49.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other coloring matter, other coloring matter and other preparations, other, concentrated dispersions of pigments in plastic materials. The general rate of duty will be 5.9%.

Each of the non-originating materials used to make the black color concentrate has satisfied the changes in tariff classification required under the HTSUSA General Note 12(t)/32.8(B). The black color concentrate will also be subject to a Regional Value Content (RVC) requirement of 60% under the Transaction Value Method or 50% under the Net Cost Method as required under the rule applicable to the black color concentrate. Based on the estimated figures submitted in your request, the black color concentrate meets both the RVC requirements under the Transaction Value Method and under the Net Cost Method. The actual cost figures will be subject to verification of the RVC requirements at the time of entry. Assuming the goods are eligible for preferential treatment under the NAFTA, the merchandise 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 Deborah Walsh at 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,

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