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NY H82105

July 9, 2001

CLA-2-37:RR:NC:2:236 H82105


TARIFF NO.: 3702.44.0060

Mr. Juan Cienfuegos
Cienfuegos, Inc.
502 Enterprise
Laredo, TX 78045

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of rolls of thermal transfer ribbons from Mexico; Article 509

Dear Mr. Cienfuegos:

In your letter dated May 23, 2001, you requested a ruling on the status of rolls of thermal transfer ribbons from Mexico under the NAFTA.

You have stated in your correspondence that large rolls of thermal transfer media (90 cm by 18,000 meters) are imported into the United States from Japan and sent inbond to Mexico. In Mexico these rolls are put into slitter machines and slit into rolls of 220mm by 30m up to 450m. They are then rolled onto small carton cores, packed into polypropylene bags, and put into individual boxes and cartons made in Mexico.

The applicable tariff provision for the thermal transfer ribbons will be 3702.44.0060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for photographic film in rolls, sensitized, unexposed, of any material other than paper, paperboard or textiles; other film, without perforations, of a width exceeding 105mm: of a width exceeding 105mm but not exceeding 610mm; other. The general rate of duty will be 3.7%.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/37.1, HTSUSA. The non-originating material is the rolls of thermal transfer ribbons, imported from Japan, which are classified under HTSUSA 3702.42.0000.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 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 Deborah Walsh at 212-637-7062.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.


Robert B. Swierupski

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