CLA-2-83:S:N:N3:113 812267

Ms. Dorothea Klein
Klein Electronic and Software Engineering, Inc.
19787 56 Avenue
Langley, B.C. Canada V3A 3X8

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of latch brackets from Canada; Article 509

Dear Ms. Klein:

In your letter dated June 28, 1995, you requested a ruling on the status of latch brackets from Canada under the NAFTA.

The merchandise is a stainless steel latch bracket, used to secure the sensing and braking unit to the coupler of the last railway car. The item is 5 1/8 inches by 1 3/8 inches by 1 5/8 inches, and weighs about 1/2 pound. Your letter states that the product is wholly manufactured in Canada.

The applicable tariff provision for the latch bracket will be 8302.49.6045, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for base metal mountings, fittings and similar articles ... of iron or steel, of aluminum or zinc, other, for railway vehicles. The general rate of duty will be 5.7 percent ad valorem.

The latch bracket, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 1.7 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport