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NY D85320

December 23, 1998

CLA-2-76:RR:NC:MM:101 D85320


TARIFF NO.: 7616.99.5070

Mr. David P. Sanders
LeBoeuf, Lamb, Greene & MacRae, L.L.P.
1875 Connecticut Ave., N.W.
Washington, D.C. 20009-5728

RE: The tariff classification of Raw Aluminum Forgings from Hungary

Dear Mr. Sanders:

In your letter dated December 1, 1998 you requested a tariff classification ruling.

You submitted photographs (Exhibit A) of a raw aluminum forging (cylindrical base metal [aluminum]) weighing approximately 98.5 pounds. After importation the forging is subjected to manufacturing operations, including extensive machining and processing in the United States, whereby it is substantially transformed into a finished heavy-duty truck wheel.

The applicable subheading for the raw aluminum forging will be 7616.99.5070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of aluminum: Other: Other: Other: Other...Forgings. The rate of duty will be 3.1% ad valorem.

You also request that Customs "...confirm the NAFTA qualifying status of the finished wheels after they undergo extensive processing in the Unites States."

Article 509 of the NAFTA states in pertinent part that:

Each Party shall, through its customs administration, provide for the expeditious issuance of written advance rulings, prior to importation of a good into its territory, to an importer in its territory or an exporter or a producer in the territory of another Party, on the basis of the facts and circumstances presented by such importer, exporter or producer of the good. (Emphasis supplied).

Thus, a Party may issue a NAFTA advance ruling to an importer in its territory, or an exporter or a producer in the territory of another Party, prior to an importation of a good into its territory. The term "good" in this context is a reference to the article which is the subject of the NAFTA advance ruling request.

In addition, Article VII, Regulatory Standards for Implementation of the North American Free Trade Agreement (standards document), issued pursuant to Article 511 of the NAFTA, indicates that a Party shall issue an advance ruling to a producer in the territory of another Party of a "material" that will be used in the production of a "good" imported into the United States.

Part 181 of the Customs Regulations (19 CFR 181) implements the provisions of Article 509 and the standards document. Pursuant to 19 C.F.R. ?181.92(b)(5), an importer in the United States, an exporter or producer of a "good" in Canada or Mexico, or a Canadian or Mexican producer of certain "materials" which will be used in the production of a "good" imported into the United States, may request a NAFTA advance ruling from U.S. Customs.

Under the facts set forth above, Aluminum Company of America (Alcoa) is not an importer in the United States of the finished heavy-duty truck wheel. Also, the finished wheels are manufactures of the United States. In view of the foregoing, the circumstances of this transaction do not permit the issuance of a NAFTA advance ruling by the United States.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Robert DeSoucey at 212-466-5667.


Robert B. Swierupski

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