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NY N021228




January 11, 2008

CLA-2-85:OT:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.30.0000

Janet C. Wallett, Customs Compliance Manager FCI USA, Inc.
825 Old Trail Road
Etters, PA 17319

RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of ferrite initiator connectors with attached lengths of electrical cable from Honduras.

Dear Ms. Wallett:

In your letter dated December 13, 2007, you requested a ruling on the status of ferrite initiator connectors with electrical cable from Honduras under the DR-CAFTA. The samples which you submitted are being retained by this office.

The items concerned (Part numbers 41201301, 41204180USA, 41204282USA, 41204343USA, and 41204345USA) are referred to as harness connectors which have two separate connection points separated by two wires. One of those connection points is a complex multiple level plastic molded connector. These wiring harnesses are used in automobiles to provide the electrical connection from the vehicle’s wiring to it’s pyrotechnic initiator (safety restraint). These harnesses are composed of plastic insulated multi-stranded copper wire of various sizes, depending on the make and model of automobile. A jig is used to determine the proper length and layout for the wiring harnesses. The wires are cut to length and plastic connectors are attached where needed. All of the components are manufactured outside of Honduras.

The applicable tariff provision for the ferrite initiator connectors with attached lengths of electrical wiring (Part numbers 41201301, 41204180USA, 41204282USA, 41204343USA, and 41204345USA) will be 8544.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable: Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships”. The general rate of duty will be 5%.

General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if—

(i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement;

(ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and—

(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;
and the good satisfies all other applicable requirements of this note; or

(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.

Based on the facts provided, the goods described above qualify for DR-CAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 29(b)(ii)(A). Each of the non-originating materials used to make the various ferrite initiator connectors with electrical cable (wiring harness) has satisfied the changes in tariff classification required under HTSUS General Note 29(n)/85.89. The goods will therefore be entitled to a Free rate of duty under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Steve Pollichino at 646-733-3008.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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