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NY J85324




July 1, 2003

CLA-2-92R:NC:2:227 J85324

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800; 9020.00.6000; 9208.90.0080; 9801.00.10

Mr. Martin J. Sveum
FedEx Trade Networks
Transport & Brokerage
#8 14 Street, PO 1738
Blaine, WA 98231-1738

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the “Evacpac” from Canada and the United States; Article 509

Dear Mr. Sveum:

In your letter dated May 29, 2003, on behalf of Brookdale International Systems Inc., you requested a ruling on the status of the “Evacpac” from Canada and the United States under the NAFTA.

The subject “Evacpac” consists of knitted kevlar gloves, an emergency smoke hood, a whistle, a flashlight, mainstay water and a cordura pouch-holder. The gloves, smoke hood and whistle are all products of Canada. The flashlight, water and pouch-holder are products of the United States. The items are purchased as finished products by Brookdale and, with the smoke hood produced by Brookdale, are packaged together as an evacuation kit for shipment to the United States.

The “Evacpac” does not meet the criteria for treatment as a set under GRI 3 analysis as the unit does not consist of products or articles put up together to meet a particular need or carry out a specific activity. Therefore, the articles contained within the unit will be classified separately under their respective headings.

The applicable tariff provision for the knitted kevlar gloves will be 6116.93.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for gloves, mittens and mitts, knitted of other textile materials, other, without fourchettes (631). The general rate of duty will be 18.9 percent ad valorem.

The applicable tariff provisions for the emergency smoke hood will be 9020.00.6000, HTS, which provides for other breathing appliances and gas masks. The general rate of duty will be 2.5 percent ad valorem

The applicable tariff provisions for the whistle will be 9208.90.0080, HTS, which provides for whistles. The general rate of duty will be 5.3 percent ad valorem,

The knitted kevlar gloves, the emergency smoke hood and the whistle being wholly obtained or produced entirely in the territory of Canada, 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.

The applicable subheading for the flashlight, mainstay water and cordura pouch-holder will be 9801.00.10, HTS, which provides for the free entry of products of the United States that are exported and returned without having been advanced in value or improved in condition by any process or manufacture or other means while abroad, provided the documentary requirements of section 10.1, Customs Regulations (19 C.F.R. §10.1) are met.

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 George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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