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NY K84225

April 12, 2004

CLA-2-39:RR:NC:SP:221 K84225


TARIFF NO.: 3925.30.1000

Mr. Mike Amaya
Oscar H. Vildosola CHB
2105 Sulphur Springs
Douglas, AZ 85607

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

Dear Mr. Amaya:

In your letter dated February 19, 2004, which was received in this office on March 12, 2004, on behalf of Levolor/Kirsch division of Newell Window, you requested a ruling on the status of window blinds from Mexico under the NAFTA.

The merchandise consists of venetian window blinds. The blinds are manufactured in Mexico from foam blind slats produced in China. Metal coil from either the United States or a foreign country is shipped to Mexico where the coil is transformed into a head rail channel. The head rail is cut and punched and mechanical hardware is installed onto it. Various components, some from the United States and some from Taiwan and China, are assembled. Those components include the following: pop rivet, cord tilter, end stiffener, cord lock, tape drum support, tilt rod and metal tape.

At the time of importation into Mexico, the slats, bottom rail and valance are in the form of profile shapes. The slats are cut to size and the cut edges are painted the same color as the slats. The slats are drilled to accommodate the ladder tape, cords and other hardware. The bottom slat or bottom rail is drilled to accommodate additional hardware.

The ladder tape is cut to size and attached to the head rail. The slats are assembled by hand through the ladder tape that holds the slats. Cording is sewn through the holes in the slats. Caps are installed on the bottom slat/rail. The finished blind is hung on a hoist and visually inspected for defects. Additional elements such as warning tags, tassels and safety cord stops are attached to the blinds. Additional hardware (valance clips, brackets, wand, screws, etc.) are bagged and the finished product is packaged for shipment. The samples are being returned as you requested.

The applicable tariff provision for the window blinds will be 3925.30.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for builders' ware of plastics, not elsewhere specified or included: shutters, blinds (including venetian blinds) and similar articles and parts thereof: blinds (including venetian blinds). The general rate of duty will be 3.3 percent ad valorem.

General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. ยง 1202) states, in pertinent part, that

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if--

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or

(iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or

(iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the nonoriginating materials falling under provisions for "parts" and used in the production of such goods does not undergo a change in tariff classification because--

(A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or

(B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts,
provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note.

Based on the facts provided, the goods described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUSA General Note 12(b)(ii)(A). The few non-originating components that do not undergo a tariff shift because they are considered to be parts of blinds in subheading 3925.30.10 as imported into Mexico are de minimis as defined in General Note 12(f)(i). The goods will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements, including Regional Value Content requirements specified in General Note 12(t)(39.10).

This ruling letter has not addressed the Regional Value Content (RVC) of the subject goods. If you desire a ruling regarding the RVC of your goods and their eligibility for NAFTA preferential treatment, provide the information noted in Section 181.93(b) of the Customs Regulations (19 CFR 181.93(b)), to the Director, International Trade Compliance Division, Headquarters, U.S. Customs and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229, along with a copy of this letter.

The samples are being returned as you requested.

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 Joan Mazzola at (646) 733-3023.


Robert B. Swierupski

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