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NY 854314

AUG 07 1990

CLA-2-85:S:N:N1:105 854314


TARIFF NO.: 8515.39.0040

Ms. Mary Beth Moran
The Buffalo Customhouse Brokerage Co., Inc. Peace Bridge Plaza Warehouse, Suite 211
Buffalo, New York 14213

RE: The tariff classification of the "Combo 400" from Canada.

Dear Ms. Moran:

In your letter dated July 9, 1990 you requested a tariff classification ruling. You also asked for advice as to how the "Combo 400" should be marked since it will be assembled in Canada with components from both the United States and Canada.

The "Combo 400" is a combination welder, air compressor and generator in a common housing, mounted on a trailer for portability. Two light towers for site illumination are mounted on the trailer. The air compressor and the generator can be used independently or as the air and electrical supply for welding. The essential character of the "Combo 400" is the welding.

The applicable subheading for the "Combo 400" will be 8515.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric machines and apparatus for arc (including plasma arc welding) welding of metals. The rate of duty will be 2 percent ad valorem.

Goods classifiable under subheading 8515.39.0040, HTS, which have originated in the territory of Canada, will be entitled to a 1.2 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

A duty free allowance may be made under subheading 9802.90.8050, if a claim is not made under FTA, for fabricated components, the product of the United States, which were exported in condition ready for assembly without fabrication, have not lost their physical identity in such articles by change in form, shape or otherwise and have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting.

Articles assembled abroad with American components are regarded as foreign articles and should be marked to indicate Canada as the country of origin. "Assembled in Canada from United States and Canadian components" would appear in the opinion of this office sufficient to satisfy the marking requirements. If you require a ruling concerning the marking requirements please contact the Office of Regulations and Rulings at 1301 Constitution Ave., N.W., Washington, D.C.20229-0001.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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