CLA-2-39:RR:NC:SP:222 G88500
Mr. Jerry Lambert
Toter Incorporated
841 Meacham Road
Statesville, NC 28677
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a plastic wheeled trash container from Mexico; Article 509
.
Dear Mr. Lambert:
In your letter dated June 23, 2000, and in subsequent communication, you requested a tariff classification ruling and eligibility under The North American Free Trade Agreement for certain plastic wheeled trash containers from Mexico.
You have submitted literature with a description of wheeled trash containers in sizes from 32 to 105 gallons. This product is identified as “Rollout” containers. They are designed with a lid and handles. These wheeled containers are made of molded plastic. They are intended for residential use in collection of waste and recycled materials.
In a chart marked “Component Cost Breakdown” you show that the resin, colorant, and other components used to produce the trash containers was made in the U.S.A.
The applicable subheading for the “Rollout” plastic containers will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for…other household articles…of plastics. The general rate of duty will be 3.4 percent ad valorem.
The “Rollout” trash containers, being made entirely in the territory of Mexico 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 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 Alice R. Masterson at 212-637-7090.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division