CLA-2-94:S:N:N8:233 810473
Mr. Joseph De La Luz, V.P., Customs
Ericsson Network Systems Inc.
730 International Parkway
Richardson, Texas 75081
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of a Metal Cabinet
from Mexico; Article 509
Dear Mr. De La Luz:
In your letter dated April 24, 1995, you requested a ruling
on the status of a Metal Cabinet from Mexico under the NAFTA.
The submitted illustrative material depicts the furniture
item as a Metal Cabinet, Product No. BYBC 202 24/602 R3A. Model
202 is a family of cabinets designed to meet the increasingly
strigent demands for disturbance immunity, heat dissipation,
flexibility of layout, and maintainability. The Metal Cabinet is
designed to be placed on the floor or ground and will be used to
house telephone switching equipment (Printed Circuit Boards or
Magazines, etc.).
The Metal Cabinet will be made of various parts (list
provided) from Mexico and Sweden. They will all be changed and
converted to furniture parts used in the making of the Metal
Cabinets through shearing, punching, bending, powder coating and
assembly. The applicable tariff provision for the Metal Cabinet
will be 9403.10.0040, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for: Other furniture
and parts thereof: Metal furniture of a kind used in offices,
other. The general rate of duty will be 3.2 percent ad valorem.
Each of the non-originating materials used to make the Metal
Cabinet has satisfied the changes in tariff classification
required under General Note 12 (t)/94.4, HTSUSA. The Metal
Cabinet 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).
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