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NY N002934




November 28, 2006

MAR-2 RR:E:NC:N1:105 N002934

CATEGORY: MARKING

Ms. Cheryl Corbeil
Cole International
5945 Airport Road
Mississauga, Canada 16h 613

RE: THE COUNTRY OF ORIGIN MARKING OF ELECTRICAL POWER METERS; ARTICLE 509

Dear Ms. Corbeil:

This is in response to your letters dated November 3rd and 20, 2006, requesting a ruling on the marking for an Electrical Power Meter imported from Canada. More precisely, you asked what its country of origin would be.

Since you attached NYRL R04580, 8-31-06, we understand that the imported item is the Triacta PowerHawk 6320, classifiable in HTS 9028.30.00.

The applicable Tariff shift rule for determining its country of origin under NAFTA is Customs Regulation 102.20-q, 9028.10 – 9028.30, which states, as of April 1, 2006, “A change to subheading 9028.10 through 9028.30 from any other subheading, including another subheading within that group.”

In the corrected bill of materials that you submitted, you have provided a tariff classification and a country (which we understand you to be claiming as the country of origin) for almost all of the over 60 part numbers used, many, e.g., certain resistors, ICs, and capacitors, in multiple copies in the PowerHawk 6320. We assume that the over 60 part numbers will be imported separately, i.e., not as collections of kits.

You have provided only a part number and name for each component. Also, no sample of the components or completed apparatus was received for our examination. For the purposes of this ruling, we assume that all tariff classifications provided are correct, as in Headquarters Ruling Letter 562587, 1-10-03.

We do note that you claim that the most expensive item, by far, 6320 Main PCB REV A.01, is a product of Canada and that the Receptacle 50 POS RT-ANGLE PCB PANEL MT-BAIL LOCK is a product of the USA. There are at least 8 additional countries claimed for the other part numbers.

All of your claimed classifications are in headings in HTSUS Chapter 85 for which Note 2-a to Chapter 90 applies. Therefore, whether or not the parts are identifiable as parts of the electrical power meters in general or of the PowerHawk 6320 in particular, they are classified in your claimed classification if they are, in fact, included in that heading.

There are some gaps in your country and/or classification information for some of the low cost items. However, Custom Regulation 102.13 indicates that the failure of foreign materials to meet the conditions of the required Tariff shift is disregarded when those foreign materials are less than 7 percent of the value of the good.

Based on the information you provided, the country of origin for the PowerHawk 6320 is Canada.

The marking as a product of Canada, assuming conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, is an acceptable country of origin marking for the imported PowerHawk 6320.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 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 Jim Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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