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NY F83626

April 4, 2000

CLA-2-84:RR:NC:1:102 F83626


TARIFF NO.: 8481.80.5090

Mr. Ruben Perez
RPM International, Inc.
7765 Padre Island Highway
Brownsville, Texas 78521

RE: The tariff classification of plastic valve assemblies from Mexico

Dear : Mr. Perez

In your letter dated February 10, 2000 you requested a tariff classification ruling on behalf of your client Shipping Systems.

The item in question is a spring operated valve assembly. The body of the valve is of plastic and designed to facilitate assembly of the valve with a dunnage bag. The valve allows the dunnage bag to be inflated and is used to secure cargo within a cargo hold. Samples of the valve, its component parts and a dunnage bag were submitted.

The valve body is constructed to allow the valve to be connected to a source of pressurized air. Examination of the sample indicates that when the valve is connected by hand to an appropriate fitting on an air supply line, the spring mechanism within the valve is depressed allowing air to flow through the valve into the dunnage bag. When the air supply is disconnected, the spring mechanism closes the valve and retains air within the bag.

The applicable subheading for the plastic air valve will be 8481.80.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for valves as other hand operated appliances, of other materials. The general rate of duty will be 3 per cent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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 USC 1304.

Country of origin marking requirements are also determined in accordance with the North American Free Trade Agreement (NAFTA) for a good of a NAFTA country. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations, while the marking requirements of these goods are set forth in Part 134, Customs Regulations.

Applying the NAFTA rules of origin set forth in Part 102 of the regulations to the information you have provided, we find that, for marking purposes, the imported plastic valves are goods of a NAFTA country prior to being further processed in the U.S.

Section 134.35(b) of the regulations, provides that a good of a NAFTA country which is to be processed in the U.S. in a manner that would result in the good becoming a U.S. good under the NAFTA marking rules is excepted from marking. Further, if the good is processed by the importer or on its behalf, the outermost container of the good need not be marked in accord with this part.

However, your request does not provide us with sufficient information to determine if the completed dunnage bag, i.e., a bag with an air valve installed, is a U.S. good under the NAFTA marking rulings. The origin of all the components used to produce the dunnage bag and a detailed explanation of the assembly process performed in the U.S. is required. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Kenneth T. Brock at 212-637-7026.


Robert B. Swierupski

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