Mr. Larry Ordet
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of zipper chain manufactured in Mexico from Chinese polyester tape and brass round wire of American or Peruvian origin and then exported to the United States; Article 509
Dear Mr. Ordet:
In your letter, dated December 21, 2004, on behalf of your client, Talon International, you requested a ruling on the status of zipper chain from Mexico under the NAFTA.
The merchandise is size 42 brass metal zipper chain that will be manufactured in Mexico and then shipped to the United States. The zipper chain will be made in Mexico using Chinese polyester tape and brass round wire from the United States or Peru. The tape is made of a woven fabric that is less than 30 cm in width and has a weave pattern that is closed (to prevent raveling). The round wire consists of 86%-89% copper.
In Mexico, the round wire will be made into formed wire (wire with a complex cross-section). Teeth will be cut into the formed wire. The cut faces of each piece will be stamped between a pointed punch and recessed die cavity that simultaneously creates a crown on the top of each tooth and a pocket below. The formed wire with teeth will then be crimped to the tape by closing the legs of the y-shaped cross-section around the polyester cords woven into one edge of the tape. Then the zipper chain will be shipped in rolls to the United States.
The applicable subheading for the zipper chain will be 9607.20.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for slide fasteners and parts thereof: parts: other. The general rate of duty will be 11.5 percent ad valorem.
Based on the facts provided, the goods described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUSA General Note 12(b)(ii)(A). The goods 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 CFR 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 Kathy Campanelli at 646-733-3021.
Robert B. Swierupski