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NY C81131

November 14, 1997

CLA-2-85:RR:NC:1:108 C81131


TARIFF NO.: 8524.53.1040

Ms. Laure Lounsbury
General Manager
Woodstream Publishing
P.O. Box 1093
Fonthill, Ontario L0S 1E0

RE: The status under the North American Free Trade Agreement (NAFTA) of "Secrets of Discipline" Video Cassette Tape from Canada; Article 509

Dear Ms. Lounsbury:

In your letter dated October 12,1997, you requested a ruling on the status of the "Secrets of Discipline" video cassette tape from Canada under the NAFTA.

You had previously sought a tariff classification ruling for the cassette tape and its companion book. New York Ruling Letter B87966 was issued to you on August 19, 1997 in response to that inquiry. The subject cassette tape, an 80-minute presentation recorded before a live audience, was found to be classifiable under Harmonized Tariff Schedule of the United States (HTS) provision 8524.53.1040, which provides for "[r]ecords, tapes and other recorded media for sound or other similarly recorded phenomena...[o]ther magnetic tapes: [o]f a width exceeding 6.5 mm: [v]ideo tape recordings [o]f a width not exceeding 16 mm, in cassettes." The general rate of duty will be 0.26 cent per linear meter.

You have submitted the following information relevant to consideration of your product under the NAFTA: blank cassette tapes are obtained in Canada from a company named Canotech in Mississauga, Ontario which assembles the blank tapes from empty video cassette housings and blank video tape of Chinese origin; the live video production was recorded in Niagara Falls, Ontario by Omni Media Productions of St. Catherines, Ontario who also reproduced the video. The sleeve of the video was produced by Ross-Ellis Printing, Ltd. of Markham, Ontario.

Each of the non-originating materials (the empty cassette housings and the blank video tape) used to make the recorded final product has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.76. The "Secrets of Discipline" video cassette tape will 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 Harvey Kuperstein at 212-466-5672.


Robert B. Swierupski

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