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NY J83798




May 5, 2003

CLA-2-94:RR:NC:SP:233 J83798

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.90.1085

Ms. Carol Willet
Buckland Global Trade Services Inc.
2321 Pine Grove Avenue, Suite 2117
Port Huron MI 48060

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of automotive seat structures from Canada; Article 509

Dear Ms Willet:

In your letter dated April 11, 2003, on behalf of KEIPER Limited, you requested a ruling on the status of automotive seat structures from Canada under the NAFTA.

The merchandise to be imported consists of the following automotive seat structures:

KEIPER Part #s
82040850-4 Backrest Framed Powered w. Memory 82040841-4 Backrest Frame Manual
82079567-4 Seatbase Assy S Adj. Powered w. Memory 82041636-4 Seat Pan Assy
82064880-4 Seatbase Assy S Adj. Hi 2W RH

The parts are automotive seat structures sold to Tier 1 OEM automotive manufacturers. You have submitted a Bill of Material for all five parts numbers referenced and a picture of the final seat structure.

The applicable tariff provision for the automotive seat structures will be 9401.90.1085, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Parts: Of seats of a kind used for motor vehicles, Other.” The general rate of duty will be free.

Each of the non-originating materials used to make the automotive seat structures has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/94.01 (2). The automotive seat structures 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.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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