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NY I85796

September 30, 2002

CLA-2-84:RR:NC:1:102 I85796


TARIFF NO.: 8483.50.9040

Ms. Darlene DiBernardo
Deringer Logistics Consulting Group
1 Lincoln Boulevard (Suite 225)
Rouses Point, NY 12979

RE: The tariff classification and country of origin marking of a pulley and pulley kit from Canada

Dear Ms. DiBernardo:

In your letter dated August 27, 2002 you requested a tariff classification ruling on behalf of your client Poulies Maska. Descriptive information and samples were submitted.

The item in question is described as a pulley kit comprised of a pulley, a bushing and a V-belt. You indicate that pulley, bushing and V-belt will be sold and shipped in the same carton. You indicate that the V-belt will not be attached to the pulley and the bushing may or may not be attached to the pulley. The bushing has a key slot milled into its bore and designed for mounting onto the pulley with two threaded bolts. The origin of the pulley may be Canada or China. The origin of the V-belt may be Korea or the United States. The origin of the bushing may be China or France. You also indicate that the pulley and bushing may be presented assembled together, but without the V-belt.

You state that the articles in the pulley kit will be “sold and shipped” in the same carton. We assume from this that the pulley kit in its condition as imported is packed ready for sale at retail. Accordingly, we find that pulley kit is a set for tariff purposes. However, the pulley with attached bushing, when presented without the V-belt, is not a set and falls to be classified simply as a pulley.

The General Rules of Interpretation (GRIs) govern classification of products under the Harmonized Tariff Schedule of the United States (HTSUS). GRI 3 provides for the classification of goods put up in sets for retail sale. Under GRI 3(c), goods that cannot be classified by reference to the provisions of GRI 3(a) or 3(b), shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. We find that the pulley provided for in HTSUS heading 8483 and the V-belt provided for in HTSUS heading 4010 equally merit consideration.. Accordingly, the pulley kit shall be classified under heading 8483, HTSUS,

The applicable subheading for the V-belt, pulley and bushing, when presented as the pulley kit, whether or not the bushing is attached to the pulley, and the pulley with attached bushing alone will be 8483.50.9040, HTSUS, which provides for grooved pulleys. The general rate of duty will be 2.8 percent ad valorem.

In your letter you also request a ruling on the country of origin marking requirements for the pulley and pulley kits.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 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 to 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 U.S.C. 1304.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin.

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations, provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.

The pulley is assembled with the bushing and the kits are put together in Canada. Since Canada is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether each of the imported articles is a "good of a NAFTA country", and thus subject to the NAFTA marking requirements.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the goods in question we find that because pulley is of Canadian origin the pulley and bushing assembly is a good of Canada and may be marked Canada. We also find that the pulley kit containing a pulley of Canadian origin is a good of Canada and the kit may be marked Canada.

With respect to the pulley kit containing a pulley of Chinese origin, we find that the kit is not a good of a NAFTA country. Accordingly, the retail packaging of the “non-NAFTA” kit shall be marked to indicate the origin of each of the components in the kit. The marking should reflect the origin of the pulley, the origin of the V-belt, and the origin of the bushing, when the bushing is included in the kit as a separate component, not assembled with the pulley.

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 646-733-3009


Robert B. Swierupski

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