CLA-2-87:RR:NC:MM:101 E86746
Ms. Diane Daly
Motherwell Products Ltd.
20315 42 Avenue
Langley, BC V3A 3A6 Canada
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a Passing Light Bracket from Canada; Article 509
Dear Ms. Daly:
In your letter dated August 12, 1999 you requested a ruling on the status of a Passing Light Bracket from Canada under the NAFTA.
You submitted photographs of the Passing Light Bracket, which acts as a mounting unit for spotlights on a motorcycle. This is a one-piece unit constructed of solid steel then finished with chrome. You state that you purchase the steel in Canada from AJ Forsyth & Co., however they purchase the steel in the United States. The chrome finish is supplied by EBCO Metal Finishing and is of Canadian origin. The product is made in its entirety in Langley, British Columbia, Canada.
You further state that EBCO Metal Finishing Ltd. has provided a certificate of origin for verification of 100% Canadian content. AJ Forsyth & Co. Ltd. Has provided to you verification from whom they purchase steel which is Nucor Cold Finish in Brigham City, Utah.
The applicable subheading for the Passing Light Bracket will be 8714.19.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of vehicles of headings 8711 to 8713: Of motorcycles (including mopeds): Other…Other. The general rate of duty will be Free.
The Passing Light Bracket, 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 of all applicable laws, regulations, and agreements.
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 Robert DeSoucey at 212-637-7035.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division