United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L83190 - NY L83235 > NY L83193

Previous Ruling Next Ruling
NY L83193




March 23, 2005

CLA-2-73:RR:NC:N1:113 L83193

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060

Mr. Matthew Wilmore
Evenflo Logistics
707 Crossroads Court
Vandalia, OH 45377

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

Dear Mr. Wilmore:

In your letter dated February 24, 2005, you requested a ruling on the status of baby and pet gates from Mexico under the NAFTA.

The sample you provided is the Evenflo Position and Lock Plus Gate, model 662. It is a 32" tall safety gate designed to be pressure mounted in a doorway. It consists of two sliding panels composed of vinyl-coated metal mesh in a wood frame. A divided wood bar with notches and a locking clamp runs across the center of the panels and holds the gate in its desired position in place. The essential character of this model is imparted by the metal mesh because of the primary role it plays in the functioning of the article as a gate. The wire mesh will be imported into Mexico from the USA. The raw wood for the frame will be imported either from a non-NAFTA country or from the USA into a Tijuana warehouse. The wood is then transported to a milling facility, where it is machined to specifications. The primary wood component is approximately 23 inches in length, ¾ of an inch in depth and ¾ of an inch in height. The wood will be drilled, cut and assembled to form the frame of the gate.

The applicable subheading for the metal mesh safety gate, model #662, will be 7323.99.9060, HTSUSA, which provides for table, kitchen or other household articles of iron or steel, other. The general rate of duty will be 3.4 percent ad valorem.

General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if--

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or

(iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or

(iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the nonoriginating materials falling under provisions for "parts" and used in the production of such goods does not undergo a change in tariff classification because--

(A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or

(B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts,
provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note.

Based on the facts provided, the goods described above qualify for NAFTA preferential treatment, because they will meet the requirements of either HTSUSA General Note 12(b)(i) or HTSUSA General Note 12(b)(ii)(A). The goods will therefore 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).

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: