CLA-2-38:RR:NC:2:239 B86884

Mr. Vincent M. Fernando
EFI Customs Services Inc.
1695 Bonhill Road
Mississauga, Ontario
Canada L5T 1C1

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Supercharge 30T from Canada; Article 509.

Dear Mr. Fernando:

In your letter dated June 17, 1997, on behalf of your client AKP Canada, you requested a ruling on the status of Supercharge 30T from Canada under the NAFTA.

You state in your inquiry that the subject merchandise is comprised of 70% R425 corn starch from the United States and 30% trako tapioca starch from Thailand, which is then blended in Canada and sold in the United States as "Supercharge 30T".

The applicable tariff provision will be 3809.92.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: other. The general rate of duty will be 6 percent ad valorem.

Each of the non-originating materials used to make Supercharge 30T has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/38.9. This product 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). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Thomas Brady at 212-466-5747.


Robert B. Swierupski
National Commodity
Specialist Division