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CLA-2-94:RR:NC:227 D85347

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.99.4000; 8536.90.8085

Mr. Bradley M. Menard
Fritz Starber Inc.
410 St. Nicholas, Bureau 300
Montreal, Quebec, Canada H2Y 2P5

RE: The tariff classification, country of origin requirements and status under the North American Free Trade Agreement (NAFTA), of a lighting fixture component of track lighting from Canada; Article 509; and an electrical lighting base component from Taiwan

Dear Mr. Menard:

In your letter dated December 2, 1998, on behalf of Eureka, you requested a ruling on the status of a track lighting component from Canada under the NAFTA and a lighting base component from Taiwan.

The track lighting component consists of a 15 inch flexible goose neck attached at one end to the housing for the socket and at the other end to the housing for the electrical connector which fits into the source of electricity, the track. Indications are that the track lighting component, principally of metal, is wholly a product of Canada and is part of a track lighting system.

The electrical lighting base component consists of an open round shape metal housing, approximately 4 1/2 inches in diameter and 3/4 of an inch in height, which holds an electrical connector. The base is not part of the track lighting system but, as a fugitive use, can be used with the track lighting component. The subject base is produced in Taiwan, shipped to Canada and packed with the track lighting component for export to the United States. The base and the track lighting components are not classified as a set nor as a composite good for tariff purposes.

The applicable tariff provision for the track lighting component will be 9405.99.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other parts of lamps or lighting fittings, other. The general rate of duty will be 6 percent ad valorem.

The track lighting component, being wholly obtained or produced entirely in the territory of Canada, 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.

The applicable subheading for the electrical lighting base will be 8536.90.8085, HTS, which provides for other electrical apparatus for making connections to electrical circuits, other. The rate of duty will be 2.7 percent ad valorem.

The marking statue, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of those goods are set forth in Part 134, Customs Regulations.

The country of origin for the electrical track lighting component is Canada and it must be marked as such. On the basis that a product shall not be considered to have undergone a tariff shift in the territory of a NAFTA party as a result of a simple packaging operation, the country of origin for the electrical base component remains a product of Taiwan and must be marked as such.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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