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NY F88964

July 13, 2000

CLA-2-87:RR:NC:MM:101 F88964


TARIFF NO.: 8716.80.5090

Mr. Martin Fluss
International Import Export M.E.F. Inc.
43 Mount Douglas Point
Calgary, Alberta, Canada T2Z-3J6

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of "The Flat Tire Emergency Helper" from Canada; Article 509

Dear Mr. Fluss:

In your letter dated June 19, 2000 you requested a ruling on the status of "The Flat Tire Emergency Helper" from Canada under the NAFTA.

You submitted a photograph and brochures describing "The Flat Tire Emergency Helper". The function of this item is to support a motor vehicle's flat tire and allow the vehicle to continue moving. The device is a steel three-wheeled wagon that is placed in front of the flat tire with the edge of the loading ramp under the flat edge of the tire. The car is slowly driven onto the "The Flat Tire Emergency Helper" ensuring that the flat tire is sitting properly in the cradle. The car can then be driven to a service station for repair. You state that the "The Flat Tire Emergency Helper" will be manufactured in Canada with 100% Canadian content.

The applicable tariff provision for the "The Flat Tire Emergency Helper" will be 8716.80.5090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Trailers and semi-trailers; other vehicles not mechanically propelled: and parts thereof: Other vehicles: OtherOther: Other. The general rate of duty will be 3.2% ad valorem.

The "The Flat Tire Emergency Helper", 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.

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 Robert DeSoucey at 212-637-7035.


Robert B. Swierupski

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