Mr. Ken Langtry
Tarpline Products Inc.
P.O. Box 364
Saanichton, British Columbia
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a "Tarp Zip Up", "Gromm-it" and "Tarp Pro Patch" from Canada.
Dear Mr. Langtry:
In your letter dated January 17, 1996, you requested a ruling on the status of three items from Canada under the NAFTA.
You have submitted samples and state that you intend to import a product called a "Tarp Zip Up" which is made from sticky backed tarpaulin material sewn to a zipper. The tarpaulin material is manufactured in the U.S.A. The zipper is made in Taiwan. The item is a 58 inch zipper which has been sewn to a length of sticky back tarpaulin material 58 inches long and 2 1/2 inches wide.
The second item is called a "Gromm-It" which is made from an approximately 4 inch square of sticky back tarpaulin material made in the U.S.A. and a grommet or eyelet made in Taiwan. The grommet is 3/4 inch in diameter and is inserted in the middle of the square of tarpaulin material.
The third item is called a "Tarp Pro Patch". It is an approximately 4 inch square of sticky back tarpaulin material.
The applicable tariff provision for the "Tarp Zip Up" will be 9607.19.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for slide fasteners, other, fitted with continuous plastic filament. The general rate of duty will be 14.2 percent ad valorem.
The applicable tariff provision for the "Gromm-It" will be 8308.10.0000, HTSUSA, which provides for ... eyes, eyelets and the like ... of base metal, hooks, eyes and eyelets. The general rate of duty will be 1.8 cents per kilogram plus 4.6 percent ad valorem.
The applicable tariff provision for the "Tarp Pro Patch" will be 3921.90.1950, HTSUSA, which provides for plates, sheets, film, foil, or strip, of plastic, combined with textile material and weighing not more than 1.492 Kg/m2, other, other. The general rate of duty will be 5.3 percent ad valorem.
Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling on the Tarp-Pro Patch.
Please provide the name of the manufacturer in the U.S. of the tarpaulin material and, if not the same, the name of the manufacturer of the yarns in the material, the weaver of the material, the coater of the material, the manufacturer of the coating, and the manufacturer of the resins from whom the plastic was extruded with the cost of these respective components.
Cost information is necessary to determine "Regional Value Content".
As provided for in Section 181.94 of the Customs Regulations (19 CFR 181.94), you may submit this additional information within 30 days of the date of this notice. Please address any supplemental letter to this office, and refer to our file number shown above.
If you have any questions regarding the "Tarp Pro Patch" please contact National Import Specialist George Barth at 212-466-5884.
The "Tarp Zip-Up" and the "Gromm-It" do not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/83.7(A) and 12(t)/96.5(A), HTSUSA.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 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 Alice R. Masterson at 212-466-5892.
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 Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.
Roger J. Silvestri