CLA-2-83:RR:NC:SP:222 G87554
Ms. Cathryn Bowman
Electro-Mech Components
1826 Floradale Ave.
South El Mont CA 91733-3689
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a Rotary Buckle Assembly from Mexico; Article 509
Dear Ms. Bowman:
In your letter dated February 13, 2001, you requested a ruling on the status of a rotary buckle assembly from Mexico under the NAFTA.
The articles at issue are buckle assemblies for aerospace restraint systems. They are identified as item #1101550-01, 1101550-03 and 1101550-05. You state that Electro-Mech intends to assemble the buckles in Mexico. They intend to use one Chinese made part called a “dog spring.” The remainder of the parts will be of U.S. manufacture. Electro-Mech will then import the completed rotary buckle assembly incorporating the Chinese “dog spring” into the U.S.A.
The applicable tariff provision for the rotary buckle assembly (with dog spring from China) will be 8308.90.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for buckles and buckle clasps, and parts thereof. The general rate of duty will be 3.9 percent ad valorem.
The applicable tariff provision for dog spring from China will be 7416.00.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for copper springs. The general rate of duty will be 3 percent ad valorem.
The non-originating material (the copper dog spring part #1101206-03) used to make the rotary buckle assembly has satisfied the change in tariff classification required under HTSUSA General Note 12(t)/83.8. The rotary buckle assembly will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
You also request a ruling on whether the proposed marking "Assembled in Mexico" is an acceptable country of origin marking for imported buckles. A marked sample was not submitted with your letter for review.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of imported rotary buckle assemblies, “Assembled In Mexico” if conspicuously, legibly and permanently affixed to the buckle in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 is an acceptable country of origin marking for the imported buckles.
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