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NY 816153

November 21, 1995

CLA-2-84:R:N1:103 816153


TARIFF NO.: 8425.49.0000

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 air powered front/rear end lift from Mexico; Article 509

Dear Mr. Robinette:

In your letter dated October 18, 1995 you requested a ruling on the status of an air powered front/rear end lift from Mexico under the NAFTA.

The air powered front/rear end lift basically consists of an adjustable lift pad, a column containing a pneumatic cylinder, a three way heavy duty air valve, and a base with two rear wheels eight inches in diameter. The unit has a lifting range of 8 to 35 inches and a maximum capacity of 4000 pounds. It is used to lift a vehicle from the front or rear. According to your letter, the Mexican manufacturer buys the steel used in the lift 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 air powered front/rear end lift will be 8425.49.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for jacks; hoists of a kind used for raising vehicles: other. The general rate of duty will be 1.6 percent ad valorem.

The air powered front/rear end lift, 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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