United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 NY Rulings > NY 812099 - NY 812274 > NY 812167

Previous Ruling Next Ruling
NY 812167

July 10, 1995

CLA-2-73:S:N:N1:115 812167


TARIFF NO.: 7326.90.8590

Mr. Marc Leclerc
Pro Expansion Inc.
1695, boul. Laval, Suite 220
Laval, Quebec H7S 2M2

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of ventilators and traps from Canada.

Dear Mr. Leclerc:

In your letter dated June 22, 1995, you requested a ruling on the status of ventilators and ventilation traps from Canada under the NAFTA.

The subject items are described as follows:
a) Exterior ventilators - captures the wind regardless of its direction, thus offering better ventilation. They are approximately 12" x 12" in dimension and are to be placed on roof tops.
b) Wall ventilation traps - protects against back draft and rodent penetration. They come in various sizes and are made of galvanized steel.

The applicable tariff provision for the ventilators and traps will be Canada, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of iron or steel, other. The general rate of duty will be 5.1% ad valorem.

The ventilators and traps, being made entirely in the territory of Canada 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 1.7% rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Consideration was given to classifying this product under subheading 7308.90.95, HTS, as you have suggested. However, they do not conform to the exemplars in the Explanatory Notes to heading 7308 and should be classified elsewhere.

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: