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NY A87253

November 13, 1996

CLA-2-95:RR:NC:2:224 A87253


TARIFF NO.: 9506.99.6080

Susan E. Lyon
Lyon Industries
24255 Fremontia Ave.
Descanso CA 91916

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of rock climbing equipment from Mexico; Article 509

Dear Ms Lyon:

In your letter dated July 16, 1996, you requested a ruling on the status of rock climbing gear from Mexico under the NAFTA.

The sample submitted with your letter, a white powder contained in a cheesecloth bag, is a mixture of magnesium carbonate and calcium bulfate inorganic compounds. The product is intended for use at climbing gyms where the fabric package is placed inside chalk bags that are rented to climbers as a hand perspiration absorbent.

The components that make up the product, the magnesium carbonate, a tubular knit fabric, two metal clips, a printed paper header and a 6"x6" plastic bag, are assembled in Mexico where one end of the seven inch fabric tube is closed with a metal clip, the tube is filled with magnesium carbonate and the fabric tube is closed again with a metal clip. The fabric package is then placed inside a plastic bag and stapled with a paper header. All the components are said to be of United States origin except for the metal clips which originate in Germany. The applicable tariff provision for the product will be 9506.99.6080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games...parts and accessories thereof: Other: Other." The general rate of duty will be 4.4 percent ad valorem.

The non-originating component used to make the product meets the requirements of General Note 12(f)(i)of the HTSUSA. The product will be entitled to a 0.9 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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 Tom McKenna at 212-466-5475.


Roger J. Silvestri

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