CLA-2-84:R:N1:103 816130
Mr. Larry Robinette
Quality Products
3600 W. Dickinson Blvd.
Fort Stockton, TX 79735
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an unfinished hydraulic jack from Mexico; Article 509
Dear Mr. Robinette:
In your letter dated October 16, 1995 you requested a ruling on the status of an unfinished hydraulic jack from Mexico under the NAFTA.
The heavy duty low transmission jack is a steel jack which basically consists of a base with swivel casters, a hand operated hydraulic cylinder, and an adjustable saddle. It will be imported without its hydraulic cylinder, which will be included by your firm prior to shipping it to your customer. It is used to aid in removing or installing the transmission of an automobile while the vehicle is resting on floor jacks stands. It has a lifting capacity of 1000 pounds.
According to your letter, the Mexican manufacturer buys the steel used in the jack from North American suppliers, and your firm supplies him with nuts and bolts of North American origin. You state that the casters used on the jack may not be of North American origin, but that they are worth less than 5 percent of the value of the jack. For purposes of this ruling, we assume the steel is produced in North America.
The applicable tariff provision for the unfinished heavy duty low transmission jack will be 8425.42.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other hydraulic jacks and hoists. The general rate of duty will be 1.6 percent ad valorem.
The casters are considered to be de minimis per HTSUSA General Note 12(f). Accordingly, the unfinished heavy duty low transmission jack, being made entirely in the territory of Canada, Mexico, and/or the United States using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore 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).
This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.
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 Alan Horowitz at 212-466-5494.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division