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NY I83490




July 16, 2002

CLA-2-56:RR:NC:N3:351 I83490

TARIFF NO.: 5609.00.3000

CATEGORY: CLASSIFICATION

Mr. Ken Jaremco
RTI Research Ltd.
8440 – 206 Street
Langley, British Columbia
Canada V2Y 2B6

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a bow line for a kayak, from Canada; Article 509

Dear Mr. Jaremco:

In your letter dated May 1, 2002, you requested a ruling on the tariff classification and status under the North American Free Trade Agreement (NAFTA), of a bow line from Canada. Your letter is a follow-up to your original letter of May 1, 2002, to which we responded with our file I82433, in which we classified the merchandise but stated that we were unable to respond regarding NAFTA eligibility without certain information; you have now supplied that information.

You submitted a sample of item RTI – 1221. It is a black polyester cord, approximately 86” in length, with loops at each end. Held in each loop is a plastic snap hook. It is used to secure a kayak. Your sample will be returned as requested.

The applicable tariff provision for the bow line will be 5609.00.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of yarn, . . . twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers. The general rate of duty will be 5.4% ad valorem.

According to the information you have furnished in response to our request, the bow line is composed of parts made in the United States and Canada. According to your original letter, the parts are assembled into the finished items in Canada. The bow line, being made entirely in the territory of Canada, using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. The country of origin of the bow line is Canada.

Your letter also inquires about the proper country of origin marking for these items, which are sold to the manufacturer of the kayaks in the United States. You ask if the marking of the shipping container rather than the individual items would be sufficient for origin marking purposes as the cords are to be used in the production of a finished kayak in the U.S. You have verified that the kayak will be manufactured in the U.S. We refer to Section 134.35(b) of the Customs Regulations (CR), which states:

Goods of a NAFTA Country. A good of a NAFTA country which is to be processed in the United States in a manner that would result in the good becoming a good of the United States under the NAFTA Marking Rules is excepted from marking. Unless the good is processed by the importer or on its behalf, the outermost container of the good shall be marked in accord with this part.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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