CLA-2-36:R:N1:119 A87492

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919

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

Dear Mr. LeClair:

In your letter dated September 6, 1996 you requested a ruling on the status of a fire starter pack from Canada under the NAFTA. The request is being made on behalf of Mr. Du-Bois S.V.P., Chartierville, Quebec.

The article to be imported is a package of flat wood-waste sticks formed by mixing sawdust or chips with a flammable resin. They are used to start a fire in a stove or fireplace.

The applicable tariff provision for the fire starter pack will be 3606.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for ferrocerium and other pyrophoric alloys in all forms; articles of combustible materials as specified in note 2 to this chapter... other. The general rate of duty will be 5 percent.

The fire starter pack, being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise 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 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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division