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NY J89209





October 9, 2003

CLA-2-84:RR:NC:1:102 J89209

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.9005

Mr. S. Richard Shostak
Stein Shostak Shostak & O’Hara
515 South Figueroa Street (Suite 1200)
Los Angeles, CA 90071-3329

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of solenoid valves from Mexico; Article 509

Dear Mr. Shostak:

In your letter dated September 15, 2003 you requested a ruling on behalf of your client Hunter Industries on the status of solenoid valves from Mexico under the NAFTA. Samples and descriptive literature were submitted.

The articles in question are described as various models of solenoid valves for use in irrigation systems. You indicate that the solenoid valves will be assembled in Mexico from numerous parts, of which the only non-originating components under the NAFTA may be solenoid assemblies of Chinese origin, and in some models, stainless steel bonnet screws of Taiwanese origin. After assembly operations are completed in Mexico, the solenoid valves will be imported into the United States.

The applicable tariff provision for the solenoid valves will be 8481.80.9005, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for solenoid valves. The general rate of duty will be 2 percent ad valorem.

While solenoid valves are provided for in HTSUSA subheading 8481.80, solenoid assemblies are provided for in heading 8505. We also note that the bonnet screws that may be used in some models are provided for in heading 7318, HTSUSA.

Accordingly, each of the non-originating materials that may be used to make the solenoid valves has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/84.239, i.e., a change to subheadings 8481.10 through 8481.80 from any other heading. The subject solenoid valves will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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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