CLA-2-84:S:N:N1:106 803363
Mr. Joe Alcantar, Jr.
Brown, Alcantar & Brown, Inc.
9630 Plaza Circle
P.O. Box 1161
El Paso, TX 79947-1161
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA) of an engine shroud
from Mexico; Article 509
Dear Alcantar:
In your letter dated September 28, 1994 on behalf of
International Technologies & Manufacturing Co. you requested a
ruling on the status of an engine shroud from Mexico under the
NAFTA. You submitted a sample of the article and descriptive
literature with your request
The product under consideration is a shroud used to cover an
air-cooled engine described as the VH4D Wisconsin. This is a 4-
cylinder, 30 horsepower gasoline engine which will be used for a
variety of industrial applications. The shroud is used to
improve air circulation around the cylinders and heads and will
be original equipment on the engine. The engine shroud is
shipped in several pieces from the United States to Mexico for
assembly by welding. All shroud components are said to be made
wholly from materials obtained in the United States.
The applicable tariff provision for the engine shroud will
be 8409.91.9990, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for parts suitable for use
solely or principally with the engines of heading 8407 or 8408.
The general rate of duty will be 3.1 percent ad valorem.
The engine shroud, being wholly obtained or produced
entirely in the territory of the United States, will meet the
requirements of HTSUSA General Note 12(b)(i), and will therefore
be entitled to a free rate of duty under he NAFTA upon compliance
with all applicable laws, regulations, nd agreements.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181). A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport