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NY I83883




July 16, 2002

CLA-2-63:RR:NC:N3:351 I83883

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ken Jaremco
President/CEO
RTI Research, Ltd.
8440 206 St.
Langley, British Columbia
Canada V2Y 2B6

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of webbing straps with buckles for kayaks, from Canada; Article 509

Dear Mr. Jaremco:

In your letter dated June 21, 2002, you requested a ruling on the status of webbing with buckles from Canada under the NAFTA. Your letter is a follow-up to your original letter of May 1, 2002, to which we responded with our file I82432, 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.

The samples are parts of kayaks.

RTI-1223, Rudder Pedal Strap long, used to control rudder movement by the kayak operator while maneuvering the craft. RTI-1224, Seat Belt Strap used to secure the operator to the craft. RTI-1225, Rudder Pedal Strap short, used to control the rudder by the kayak operator. RTI-1226, Backrest Seat Strap, used to secure the backrest to the kayak. RTI-1227, Hatch Cover Retaining Strap, available in different lengths to secure a hatch cover to the craft.

The samples will be returned as you request.

Each is a ¾” woven nylon narrow fabric with a plastic fitting to adjust the size. RTI-1227 has a plastic snap-buckle. Your samples will be returned as requested.

The applicable tariff provision for each of the straps will be 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up textile articles, other. The general rate of duty will be 7% ad valorem.

According to the information you have sent in response to our request, all of the items are composed of webbing, plastic buckles, and thread made in the United States. The parts are assembled into the finished items in Canada. The items, 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 straps is Canada.

Your original letter also inquired about the proper country of origin marking for these items, which are sold to the manufacturer of the kayaks in the United States. You asked if the marking of the shipping container rather than the individual items would be sufficient for origin marking purposes as the straps are to be used in the production of a finished kayak 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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