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April 8, 1999

CLA-2-94:RR:NC:SP:233 D89937


TARIFF NO.: 9403.90.8040

Mr. Steven B. Zisser
2155 Paseo de las Americas
Suite 34
San Diego, CA 92173

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

Dear Mr. Zisser:

In your letter dated March 29,1999, on behalf of Mecalux Inc., you requested a ruling on the status of metal shelving parts from Mexico under the NAFTA.

The items to be imported consist of metal shelving parts and components designed for use in building a metal shelving system. The parts to be imported include the following:
metal frames in various sizes, dimensions and lengths metal runners in various configurations, dimensions and lengths metal frame feet in various sizes metal frame connectors metal frame joints metal wall union adapters metal gantry unions metal leveling plates metal reel supports barrel supports vertical and horizontal bracing rack notice magnetic label holder upright cardholder flat cardholder forklift truck guides in different sizes metal upright and lateral protectors metal single or double pallet backstops metal mesh frames metal panel shelves metal shelf supports

In Mexico, all of the above metal parts are fully shaped, formed and/or stamped from cold roll and hot roll coiled steel sheet. The origin of the coiled steel sheet will be from various countries. After the parts are shaped and formed they are treated to special finishing processes. All pieces receive a baked on protective coating, designed to prevent chipping and erosion. Brochures illustrating the various metal shelving systems and the different components and parts were submitted with your request.

The applicable tariff provision for the metal shelving parts will be 9403.90.8040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other furniture and parts thereof: parts: other: other, of metal. The general rate of duty will be free.

Each of the non-originating materials used to make the metal shelving parts has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/94.5. The metal shelving parts 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 Lawrence Mushinske at 212-637-7061.


Robert B. Swierupski

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