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NY I82464

June 3, 2002

CLA-2-63:RR:NC:N3:351 I82464


TARIFF NO.: 6307.90.9889

Mr. Ken Jaremco
RTI Research Ltd.
8440 – 206 Street
Langley, British Columbia
Canada V2Y 2B6

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a kayak hatch cover from Canada; Article 509

Dear Mr. Jaremco:

In your letter dated May 1, 2002, you requested a ruling on the tariff classification and status under the North American Free Trade Agreement (NAFTA), of a hatch cover from Canada.

You submitted a sample of item RTI – 1220. It is a black neoprene hatch cover with a stretch cord sewn around the perimeter that allows it to be tightly secured over the hatch of a kayak. It has a nylon webbing pull tab. Your sample will be returned as requested.

The applicable tariff provision for the hatch cover will be 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for made up textile articles, other. The general rate of duty will be 7% ad valorem.

You state that the neoprene fabric will be manufactured in Taiwan but cut and sewn in Canada. Thus, the non-originating neoprene fabric used to make the hatch cover has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/63(4.). The hatch cover 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.

You have also inquired as to whether the marking of the shipping container rather than the individual items would be sufficient for origin marking purposes as the hatch covers are to be used in the production of a finished kayak in the US. Section 134.35(b) of the Customs Regulations (CR) states:

Goods of a NAFTA Country. A good of a NAFTA country which is to be processed in the United States in a manner that would result in the good becoming a good of the United States under the NAFTA Marking Rules is excepted from marking. Unless the good is processed by the importer or on its behalf, the outermost container of the good shall be marked in accord with this part.

As no information was supplied concerning the manufacture of the kayak (processes, origin of the various components, etc.) we do not know if the hatch cover becomes a good of the US under the NAFTA rules. Please note however that Section 134.35(a) CR covers non-NAFTA items and would allow the marking of the outer container only if the manufacture in the US results in an article having a name, character or use different from that of the imported article.

If you have any questions in regard to this matter, please contact National Import Specialist Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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