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NY 894255





February 24, 1994

CLA-2-57:S:N:N6:349 894255

CATEGORY: CLASSIFICATION

TARIFF NO.: 5705.00.2030

Mr. Brian Johnson
Border Brokerage Company
P.O. Box 3549
Blaine, Washington 98231

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of golf range mats from Canada

Dear Mr. Johnson:

In your letter dated January 14, 1994, received by this office on January 26, 1994, you requested on behalf of Rhino Sports a ruling on the status of golf range mats from Canada under the NAFTA.

The product is a golf range mat that is referred to as "The Turf". A sample was not submitted. "The Turf" consists of a knitted nylon artificial turf that is manufactured in Korea. After importation into Canada, polyurethane foam from the United States and glue from Canada are added to the artificial turf to make a 58 x 58 inch golf range mat.

The applicable tariff provision for the artificial turf mat will be 5705.00.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other carpets and other textile floor coverings, whether or not made up: other, of man-made fibers. The general rate of duty will be 6.5 percent ad valorem.

The merchandise does not qualify for preferential treatment under NAFTA because the artificial turf from Korea, a non- originating material used in the production of the mat, will not undergo the change in tariff classification required by General Note 12(t)/57, HTSUSA. The operations performed in Canada do not constitute "a change to headings 5701 through 5705 from any other chapter" since the knitted nylon artificial turf from Korea would be classified under subheading 5705.00.2030. HTSUSA. The golf range mat is considered a product of Korea.

The artificial turf mat falls within textile category designation 665. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

Since quota and visa restrictions are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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