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NY 816152

November 21, 1995

CLA-2-84:R:N1:103 816152


TARIFF NO.: 8479.89.9598

Mr. Larry Robinette
Quality Products
3600 W. Dickinson Blvd.
Fort Stockton, TX 79735

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an unfinished hydraulic press from Mexico; Article 509

Dear Mr. Robinette:

In your letter dated October 18, 1995 you requested a ruling on the status of an unfinished hydraulic press from Mexico under the NAFTA.

The 50 ton hydraulic shop press is a machine consisting of a steel frame containing a two-speed pump and a hydraulic cylinder with a seven inch stroke. It will be imported without its hydraulic cylinder, which your firm will include prior to shipping it to your customer. The unit is 73 inches high, 39 inches wide, and weighs 585 pounds. It is used to press small parts together or to straighten metal objects.

According to your letter, the Mexican manufacturer buys the steel used in the press from North American suppliers, and your firm supplies him with nuts and bolts of North American origin. For purposes of this ruling, we assume the steel is produced in North America.

The applicable tariff provision for the unfinished 50 ton hydraulic shop press will be 8479.89.9598, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...other machines and mechanical appliances: other: other: other: other. The general rate of duty will be 3.5 percent ad valorem.

The unfinished 50 ton hydraulic shop press, being made entirely in the territory of Canada, Mexico, and/or the United States 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).

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 Alan Horowitz at 212-466-5494.


Roger J. Silvestri

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