CLA-2-32:RR:NC:2:236 D80494

Mr. Donald S. Stein
Manatt, Phelps & Phillips, LLP
1501 M Street N.W., Suite 700
Washington, D.C. 20005-1702

RE: The tariff classification and status under the North American Free Trade (NAFTA), of BIC Wite*Out Correction Tape from Mexico; Article 509.

Dear Mr. Stein:

In your letter dated July 15,1998, on behalf of your client BIC Corporation, you requested a ruling on the status of BIC Wite*Out Correction Tape from Mexico under the NAFTA.

The sample submitted, BIC Wite*Out Correction Tape, is a correction system that consists of a plastic dispenser containing a roll of correction ribbon on a small wheel and a second larger wheel designed to take up expended ribbon. The correction ribbon is composed of a white pigment preparation deposited on the ribbon. The correction preparation is applied by pressing the dispenser tip firmly against the surface of the item to be corrected and rolling the tip along the surface until the item is covered; then lifting the applicator tip straight up.

The applicable subheading for the BIC Wite*Out Correction Tape will be 3206.49.1000, Harmonized Tariff Schedule of the United States, which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of heading 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Other coloring matter and other preparations: Other: concentrated dispersions of pigments in plastics materials. The general rate of duty will be 5.9 percent ad valorem.

The BIC Wite*Out Correction Tape is produced entirely in the territory of Mexico and meets the requirement of HTSUSA General Note 12(b)(i). Therefore, it will 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 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 V. Gualario at 212-466-5744.


Robert B. Swierupski
National Commodity
Specialist Division