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March 29, 1999

CLA-2-39:RR:NC:N2:222 B81968


TARIFF NO.: 3924.10.2000

Mr. Michael K. Tomenga
McKenna & Cuneo, L.L.P.
1900 K Street, N.W.
Washington D.C. 20006-1108

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

Dear Mr. Tomenga:

In your letter dated February 5, 1997, on behalf of Simon Marketing Inc., you requested a ruling on the status of melamine plates from Mexico under the NAFTA.

The plates are 9 1/4 inches in diameter and have a wall thickness of 1.6 mm (.0630 inches).

You state that both the melamine molding compound used to manufacture the plates and the plates themselves will be produced in Mexico.

The applicable tariff provision for the melamine plates will be 3924.10.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for tableware kitchenware, other household articles and toilet articles of plastics, plates... The general rate of duty will be 6.5 percent ad valorem.

The plates, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and 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 Alice R. Masterson at 212-637-7090.


Robert B. Swierupski

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