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NY L80891




December 9, 2004

CLA-2-85:RR:NC:1:112 L80891

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050; 8531.90.9000

Joan Studeny
Account Manager,
GHY USA, INC.
572 South 5th St.
Pembina, ND 58271-4309

RE: The tariff classification of electronic mouse monitoring systems and parts from Canada

Dear Ms. Studeny:

In your letter dated November 4, 2004, you requested a tariff classification and country of origin ruling on behalf of Gosselin EMMS, Inc. of Winnipeg, Manitoba.

The items concerned are four models of Gosselin Electronic Mouse Monitoring Systems: the Housecat (# 1001008A) which has 5 traps, the Cougar (# 1013024A) which has 13 traps, the Leopard (# 1025064A) which has 25 traps and the Lion (# 1065128A) which has 50 traps. Each of these systems consist of square, 10”L X 8”W, steel mousetraps (see following picture) with inner magnetic proximity sensors installed, one or more wireless transmitters/repeaters and one or more Control Boards/receivers.

The Systems operate by sending electronic signals, starting from the magnetic proximity sensors on the paddles within and on the inside top of the mousetrap, via the transmitter/repeater attached to the upper side of the mousetrap to the Control Board/receiver installed on-premise which forwards electronic “event log” signals to an off-premise Central Monitoring Station; this Station, in turn, transmits these “event logs” to customers in the form of eMail messages, Cell Phone messages, pages, faxes or paper printouts.

You state in your letter that , “The separate components of the complete mouse monitoring system are of U.S. origin. The components are then assembled in Canada to make up the complete mouse monitoring system.”.

The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production or growth of any article of foreign origin entering the United States. 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 the meaning of this part. For tariff purposes, the courts have held that a substantial transformation occurs if a new and different article emerges having a distinctive name, character or use. AnheuserBusch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).

In this case, each component used to make up the Gosselin Electronic Mouse Monitoring Systems has been “substantially transformed” to communicate and support one another as a part of the “system”; accordingly, the country of origin is Canada.

The applicable subheading for the Gosselin Electronic Mouse Monitoring Systems (GEMMS) will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric ... visual signaling apparatus ... : Other apparatus: Other.

The applicable subheading for the Traps, Receivers and Wireless Repeaters customized for use with the Gosselin Electronic Mouse Monitoring Systems (GEMMS) will be 8531.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric ... visual signaling apparatus ... : Parts: Other: Other.

Each of the non-originating materials used to make the Gosselin Electronic Mouse Monitoring Systems has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/Chapter 85 107. (A) or 108. The Gosselin Electronic Mouse Monitoring Systems and its separate parts 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 177 of the Customs Regulations (19 C.F.R. 177).

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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