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NY L84677




May 23, 2005

CLA-2-98:RR:NC:N1:112 L84677

CATEGORY: CLASSIFICATION

TARIFF NO.: 9801.00.1055; 9801.00.1097

Francisco Gomez, Jr.
R. L. JONES CUSTOMHOUSE BROKERS
P.O. Box 970
Tecate, CA 91980-0970

RE: The tariff classification of copper wire and aluminum conduit from the United States

Dear Mr. Gomez:

In your letter dated April 27, 2005, you requested a tariff classification ruling on behalf of Southwire Company of Carrollton, Georgia.

The items concerned are Insulated Copper Wire and Flexible Aluminum Conduit. Both items are goods of the United States which are going to be exported to Mexico, on a temporary basis, to be cut to length, spooled and packaged, then re-imported back to the United States. The items, themselves, will remain essentially the same as when exported.

The applicable subheading for the Insulated Copper Wire will be 9801.00.1055, Harmonized Tariff Schedule of the United States (HTS), which provides for Products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: Other: Articles provided for in chapter 85: Other. The rate of duty will be Free.

The applicable subheading for the Flexible Aluminum Conduit will be 9801.00.1097, Harmonized Tariff Schedule of the United States (HTS), which provides for Products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: Other: Other. The rate of duty will be Free.

If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. ยง1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

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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