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NY 809868

June 5, 1995

CLA-2-90:S:N:N3:102 809868


TARIFF NO.: 9026.10.2080

Mr. Charles D. Pruner
CDP Consulting
1513 Mimosa Avenue
Ottawa, Ontario K1G 0W1

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a combination automotive fuel pump and fuel level sensor from Canada

Dear Mr. Pruner:

In your letter dated May 2, 1995, on behalf of your client, Invotronics Manufacturing, you requested a ruling on the status of a combination automotive fuel pump and fuel level sensor from Canada under the NAFTA.

The items at hand, referred to as fuel senders, parts # 545033 and 545034, are assemblies of a fuel pump and fuel level sensor. They are designed for insertion directly into the fuel tank of Chrysler automobiles. The fuel pump portion consists of the pump, a suction filter, a discharge and a return tube. The fuel sensor portion utilizes a float attached to a pivoting arm. As fuel level changes the float causes a variable electrical signal to be transmitted to the dash-mounted fuel gauge. For the purposes of this ruling you state that all materials, with one exception, shown on the submitted NAFTA worksheet are originating materials. The exception is a hose clamp, imported from West Germany. The U. S. Customs Service would classify that clamp under HTS item 7326.90.8590, other articles of steel, other, other.. Since the items at issue have two separate and distinct functions, provided for under two HTS numbers (8413 for liquid pumps, and 9026 for liquid level sensors), and no specific provision exist for this assembly, noting General Rule of Interpretation 3 (c) of the Harmonized Tariff Schedules, we would classify this item under the tariff number that appears last in the schedules.

The applicable tariff provision for the fuel senders will be 9026.10.2080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for electrical instruments and apparatus for measuring or checking the level of liquids. The general rate of duty will be 4.3 percent ad valorem.

The non-originating hose clamp used to make the fuel sender has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/90(59A). The balance of the fuel senders, 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 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).

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

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