CLA-2-54:S:N:N6:351 894310
Mr. Wayne H. Sweeney
A.N. Deringer Inc.
P.O. Box 284 Rte. 89
Highgate Springs, VT 05460
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of pintlepins assembled in Canada
Dear Mr. Sweeney:
In your letter dated January 24, 1994 you requested a ruling on the status of pintlepins from Canada under the NAFTA, on behalf of your client Donald Marchand.
You have submitted information concerning a product called pintlepins, as well as a sample. The pintlepin assembly consists of a length of monofilament of polyetheretherketone ("peek") which is connected by a small piece of steel tubing to a length of stainless steel wire which comes to a point like a needle. The monofilament varies in length from 100 to 400 inches, and the stainless steel wire leader is the same length as the monofilament. The monofilament diameter ranges from 0.5 to 0.9 mm, and its linear density ranges from 2679 to 8349 decitex, according to data included in your letter. You indicated that these goods are used to close seams on "Dry Screens," which are felt belts used to filter water and pulp in the paper making industry. The metal leader and tubing is cut off and discarded after leading the monofilament through the seam of the felt or belt. The monofilament provides the essential character of the pintlepins.
You indicate that the monofilament peek originates in England, that the wire originates in the NAFTA territory, and that the steel tubing which joins the two components originates in France. The assembly is made in Canada by soldering these three components together. It is wrapped on a plastic spool and packaged in a blister pack. Data submitted with your request shows that the monofilament peek constitutes 17% of the weight of the finished good.
The applicable tariff provision for the pintlepin assembly will be 5404.10.8080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1mm; monofilament; other; other; other. The general rate of duty will be 7.8% ad valorem.
The merchandise does not qualify for preferential treatment under the NAFTA because (1) the pintlepin assembly will not be wholly obtained or produced entirely in the territory of a NAFTA country; (2) it will not be made exclusively from originating materials; and (3) the English monofilament used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/54, HTSUSA. The pintlepin assembly will be considered a product of England both for country of origin marking purposes and for purposes of determining the rate of duty.
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.
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport