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NY I86062




September 26, 2002

CLA-2-84:RR:NC:1:102 I86062

CATEGORY: CLASSIFICATION

TARIFF NO.: 8302.50.0000, 8481.80.1020, 8481.90.1000

Mr. Francisco Gomez Jr.
R.L. Jones
476 Tecate Road
Post Office Box 970
Tecate , CA 91980

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of brass valves, valve parts and other fittings from Mexico; country of origin marking; Article 509

Dear Mr. Gomez:

In your letter dated August 26,2002 you requested a ruling on the status of brass valves, valve parts and other fittings from Mexico under the NAFTA.

The articles in question include tub and shower valve assemblies, one with a valve cartridge and one without a cartridge, a valve trim part, and a brass towel bar fitting. Descriptive information, technical drawings and samples were submitted.

The valve assemblies will be assembled in Mexico by joining more than five separate threaded brass parts of U.S. origin and applying a “lock-tite” adhesive. Some assemblies will form a valve body for a hand-operated valve, while other assemblies will incorporate a valve cartridge and form a complete valve. The valve trim part is a form of escutcheon that is a brass article machined in the U.S. and polished and chrome plated in Mexico. Upon completion in Mexico the trim part will be returned to the U.S. to be incorporated into a complete valve set. The brass towel bar fitting, which is a post used in pairs to support a towel bar, are articles machined in the U.S. and simply polished in Mexico. The polished fitting will then be returned to the U.S. to be incorporated into a towel bar set.

The applicable tariff provision for the brass towel bar fitting will be 8302.50.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for hat-racks, hat pegs, brackets and similar fixtures of base metal, and parts thereof. The rate of duty is free.

The applicable tariff provision for the brass valve assembles, not incorporating a valve cartridge , and the valve trim part will be 8481.90.1000, HTSUSA, which provides for parts of hand operated and check appliances of copper. The general rate of duty will 3 percent ad valorem.

The applicable tariff provision for the brass valve assembles incorporating a valve cartridge will be 8481.80.1020, HTSUSA, which provides for bath and shower faucets of copper. The general rate of duty will 4 percent ad valorem.

The tub and shower valve assembly, whether or not incorporating a valve cartridge, and the valve trim part, being wholly obtained or produced entirely in the territory of Mexico and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

In your letter you also request a ruling on the country of origin marking requirements for the subject articles.

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 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. 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. 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.

The articles in question are all processed in Mexico and advanced in value and/or improved in condition prior to being imported into the U.S. Since Mexico is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether each of the imported articles is a "good of a NAFTA country", and thus subject to the NAFTA marking requirements.

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 tub and shower valve assemblies, whether or not incorporating a valve cartridge, valve trim part, and a brass towel bar fitting are all goods of Mexico for marking purposes.

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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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