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NY I83491

July 16, 2002

CLA-2-56:RR:NC:N3:351 I83491


TARIFF NO.: 5609.00.4000

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 bungee cord and a rudder-retaining loop 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 bungee cord and a rudder-retaining loop from Canada. Your letter is a follow-up to our earlier response, file I82463, in which we requested additional information; you have now supplied that information.

You submitted two samples. The first is item RTI-1222. It is a black stretch (“bungee”) cord which we presume to be a rubber core covered in a nylon tubular braid which has been looped and knotted at one end to form a handle; the loop is covered with woven nylon fabric.

The second sample is item RTI-1228, which your letter mistakenly refers to as 1221. It is a 2½” loop of stretch cord (approximately 1/8” in diameter) which we presume to be of rubber sheathed in braided fabric, with a plastic pull at one end. It is said to be used to secure the rudder of a kayak during transport. Your samples will be returned as requested.

The applicable tariff provision for both items will be 5609.00.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of yarn, . . . twine, cordage, rope or cables, not elsewhere specified or included: Other. The general rate of duty will be 4.7% ad valorem.

According to the information you have sent in response to our request, all of the items are composed of parts made in the United States. According to your original letter, the parts are assembled into the finished items in Canada. The items, being made entirely in the territory of Canada, using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. The country of origin of the items is Canada.

Your letter also inquires about the proper country of origin marking for these items, which are sold to the manufacturer of the kayaks in the United States. You ask if the marking of the shipping container rather than the individual items would be sufficient for origin marking purposes as the cords are to be used in the production of a finished kayak in the U.S. You have verified that the kayak will be manufactured in the U.S. We refer to Section 134.35(b) of the Customs Regulations (CR), which 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.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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