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NY I80358




April 29, 2002

CLA-2-70:RR:NC:226:I80358

CATEGORY: NAFTA STATUS

TARIFF NO.: 7013.99.80; 7013.99.90

Mr. Frank Ruscito
Sahara Studios
5965 Jean Talon E.
St. Leonard, Quebec, Canada
H1S 1M5

RE: Status under the North American Free Trade Agreement (NAFTA) of a decorative glass article from Canada; Article 509

Dear Mr. Ruscito:

In your letter dated April 4, 2002 you requested a ruling on the status of decorative glass articles from Canada under the NAFTA.

The decorative glass article consists largely of glass and contains some aluminum. A message is written on the glass in ink. The product also contains a very small amount of glue.

When valued over three dollars but not over five dollars each, the applicable tariff provision for the decorative glass articles will be 7013.99.80, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used fortoilet, office, indoor decoration or similar purposesother glasswareother: other: other: valued over three dollars each: other: valued over three dollars but not over five dollars each. The general rate of duty will be 12 percent ad valorem. When valued over three dollars but not over five dollars each, the applicable tariff provision for the decorative glass articles will be 7013.99.90, HTS, which provides for glassware of a kind used fortoilet, office, indoor decoration or similar purposesother glasswareother: other: other: valued over three dollars each: other: valued over five dollars each. The general rate of duty will be 7.2 percent ad valorem.

You stated that this product is made in Canada from glass produced in Canada. Furthermore, you indicated that the ingredients used to manufacture the glass are exclusively Canadian. You stated that the aluminum in the product is manufactured in the United States and the ink used to write the message on the article is manufactured in the United States. You stated that the glue is manufactured either in Canada, the United States or Mexico. You indicated that you did not know whether the ingredients in the aluminum, ink and glue are exclusively North American.

Based on your description of the manufacture of the merchandise, it appears that the decorative glass article is wholly obtained or produced entirely in the territory of Canada exclusively from materials manufactured in Canada, the United States or Mexico. Assuming these facts are correct, the product could meet the requirements of HTS General Note 12(b )(i ) for goods originating in the territory of a NAFTA party as a good “wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States.” If HTS General Note 12 (b)(i) does not apply, the product would probably meet the requirements of General Note 12(b)(iii) for goods originating in the territory of a NAFTA party as a good “produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials.” Therefore, assuming your description of the manufacture of this product is correct, the decorative glass article 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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