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NY J81141





March 7, 2003

CLA-2-56:RR:NC:N3:351 J81141

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000, 3926.90.9880, 8708.29.5060, 9208.90.0080, 8513.10.2000

Thomas A. Penksa
PBB Global Logistics, Inc.
33 Walnut St.
P.O. Box 40
Fort Erie, Ontario, Canada L2A 5M7

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of various boating items from Canada, China, and Taiwan; Article 509

Dear Mr. Penksa:

In your letter dated February 3, 2003, you requested a ruling on the status of various boating items from Canada, China, and Taiwan under the NAFTA.

The first item is BSK001, Boating Safety Kit. It is comprised of a plastic bailer (bucket) with a watertight lid, a watertight flashlight, a whistle on a lanyard, and a polypropylene braided rope with a foam float at one end. It is the opinion of this office that this is not a set for tariff purposes. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) at the international level, state in Note X to Rule 3(b) that the term “goods put up in sets for retail sale” means goods which:
consist of at least two different articles which are, prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking.

The set fulfills the requirements of (a) and (c) above, but we believe that it fails (b). The function of the each part does not join that of the others in a way that might be interpreted as meeting a particular need or carrying out a specific activity. The flashlight, for instance, may be used for other than boating safety, as can a bucket (bailer), particularly one with a lid. The needs and activities are entirely independent of each other. This set is a collection of related items, but is not a set for tariff purposes; therefore, each item will be separately classified.

The applicable tariff provision for the plastic bailer will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. The country of origin, according to your information, is Taiwan and so there is no NAFTA eligibility.

The applicable tariff provision for the flashlight will be 8513.10.2000, HTS, which provides for portable electric lamps designed to function by their own source or energylamps: flashlights. The rate of duty will be 12.5 percent ad valorem. The country of origin, according to your information, is China and so there is no NAFTA eligibility.

The applicable tariff provision for the whistle on a lanyard will be 9208.90.0080, HTS, which provides for whistles, call horns and other mouth-blown sound signaling instruments, other, other. The duty rate will be 5.3 percent ad valorem. The country of origin, according to your information, is Taiwan and so there is no NAFTA eligibility.

The applicable tariff provision for the polypropylene braided rope with the foam float will be 5609.00.3000, HTS, which provides for articles of yarn, . . ., twine, cordage, rope or cables, not elsewhere specified or included, of man-made fibers. The rate of duty will be 5% ad valorem.

Regarding the polypropylene braided rope with the foam float, you state that the country of origin of the rope is Canada. You note that the polypropylene pellets are of USA origin, but that the rope is manufactured in Canada. Under these circumstances, the country of origin of the polypropylene braided rope with the foam float is Canada.

The non-originating material used to make the rope with the foam float, specifically the float from China, has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/56. The rope with the foam float will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The next items are safety heaving lines, THL0450 and THB0550. THL0450 is composed of a polypropylene braided rope with a plastic float of Chinese origin. THB0550 is a polypropylene braided rope in an attached nylon storage bag with a foam float, both of Taiwanese origin.

The applicable tariff provision for the safety heaving lines, THL0450 and THB0550, will be 5609.00.3000, HTS, which provides for articles of yarn, . . ., twine, cordage, rope or cables, not elsewhere specified or included, of man-made fibers. The rate of duty will be 5% ad valorem.

In both 0450 and 0550, the rope is manufactured under the same circumstances as the rope in the safety kit, above, so the country of origin is Canada. Similarly, each of the non-originating materials used to make the heaving lines has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/56. The heaving lines, THL0450 and THB0550, will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The final item is the Car Top Boat Carrier (Deluxe), BT003. It consists of 4 foam blocks made in Taiwan; a braided polypropylene rope made in Canada; two 1 inch x 8 feet webbed belts with buckles, made in Canada; and a nylon mesh storage bag and gutter hooks, made in Taiwan.

The applicable tariff provision for the Car Top Boat Carrier (Deluxe) will be 8708.29.5060, HTS, which provides for parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories of bodies (including cabs): Other: OtherOther. The rate of duty will be 2.5% ad valorem.

The Car Top Boat Carrier (Deluxe) does not qualify for preferential treatment under NAFTA because one or more of the non-originating materials used in its production will not undergo the change in tariff classification required by GN 12(b)(ii), HTSUSA.

Regarding the country of origin marking for the Car Top Boat Carrier (Deluxe), the container in which the blocks, rope, and belt assemblies are packaged may be marked in lieu of marking each individual article if the marking of the container will reasonably indicate to the ultimate purchaser the country of origin of each of the items. Thus, the blister packaging must be marked to indicate the country of origin of the blocks, rope, webbing, and buckles.

You also ask about textile declarations. Your attention is drawn to Section 12.130 of the Customs Regulations (19 C.F.R 12.130) which discusses this matter in full.

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

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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