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NY N014095

July 24, 2007



TARIFF NO.: 8511.90.6040

Danivia Vasconcelos, Customs & Traffic Mgr. RCP, Inc.
2891 Langstaff Road
Concord, ON L4K 4Z2

RE: The tariff classification of an alternator part from Canada

Dear Ms. Vasconcelos,

In your letter received July 11, 2007, you requested a tariff classification, country of origin, trade agreement and marking ruling.

The item concerned is a Brush Holder Assembly (Item # B/H 27 SI), which you state in your Ruling Request will be sold to automotive electrical rebuilders and distributors. The Assembly will be used to replace worn or damaged components in the process of remanufacturing a used automotive alternator.

The Assembly, as imported, is made up of several parts which are purchased from various vendors which are then assembled, bagged and labeled for sale in Canada. The assembly consists of a molded plastic housing with spring-loaded carbon brushes and mounted electrical contact points. The part is designed to be mounted in an alternator with electrical connections made to other alternator components.

The applicable classification subheading for the Brush Holder Assembly (Item # B/H 27 SI) will be 8511.90.6040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ generators : Parts: Other parts: Other”. The rate of duty will be 2.5%.

In addition, you requested a ruling on whether the Brush Holder Assembly (Item # B/H 27 SI) would be eligible for preferential treatment under NAFTA.

The merchandise will qualify for preferential treatment under NAFTA because the non-originating parts used in the production of the Assembly, that do not undergo a change in tariff classification, meet the exception to the tariff classification change rules detailed in HTSUS General Note 12.(b)(iv)(B); therefore, the rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule of the United States and the accompanying duty rates are provided on the World Wide Web at http://ww.usitc.gov /tata/hts/.

You also requested a determination as to the Country of Origin of the Brush Holder Assembly (Item # B/H 27 SI). Subpart B, Section 102.11(b)(1) of 19 C.F.R. [Title 19 of the Code of Federal Regulations] states that “The country of origin of the good is the country or countries of origin of the single material that imparts the essential character to the good”. The carbon brushes in the Assembly provide the essential character of it; since these brushes originate in the United States of America, the Country of Origin of the Brush Holder Assembly (Item # B/H 27 SI) is the U.S.A.

Finally, you requested a ruling on Country of Origin Marking.

You state that the components of the Assembly are imported from various countries into Canada. The components are then assembled and packaged in a polyethylene bag. You have also submitted a breakout list of the components of the Assembly.

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.

Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the Brush Holder Assembly (Item # B/H 27 SI) is the consumer who purchases the product at retail.

Subpart D, Section 134.32(d) of 19 C.F.R. states that “Articles for which the marking of the containers will reasonably indicate the origin of the articles” may be excepted from individual component marking requirements. Subpart C, Section 134.22(a) of 19 C.F.R. states ‘When an article is excepted from the marking requirements by subpart D of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin.”.

The Brush Holder Assembly (item # B/H 27 SI) will reach the ultimate purchaser (retail consumer) in the polyethylene bag within which it is imported; therefore the bag should be marked “Made in the U.S.” or “Made in the U.S.A.”. Per 19 C.F.R., 134.44(b), “If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.”.

This ruling is being issued under the provisions of Parts 102, 134, 177, 181 of the Customs Regulations (19 C.F.R. 102, 134, 177, 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 Richard Laman at 646-733-3017.


Robert B. Swierupski

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