NY 854314
AUG 07 1990
CLA-2-85:S:N:N1:105 854314
Ms. Mary Beth Moran
The Buffalo Customhouse Brokerage Co., Inc.
Peace Bridge Plaza Warehouse, Suite 211
Buffalo, New York 14213
RE: The tariff classification of the "Combo 400" from Canada.
Dear Ms. Moran:
In your letter dated July 9, 1990 you requested a tariff
classification ruling. You also asked for advice as to how the
"Combo 400" should be marked since it will be assembled in
Canada with components from both the United States and Canada.
The "Combo 400" is a combination welder, air compressor and
generator in a common housing, mounted on a trailer for
portability. Two light towers for site illumination are mounted
on the trailer. The air compressor and the generator can be used
independently or as the air and electrical supply for welding.
The essential character of the "Combo 400" is the welding.
The applicable subheading for the "Combo 400" will be
8515.39.0040, Harmonized Tariff Schedule of the United States
(HTS), which provides for other electric machines and apparatus
for arc (including plasma arc welding) welding of metals. The
rate of duty will be 2 percent ad valorem.
Goods classifiable under subheading 8515.39.0040, HTS, which
have originated in the territory of Canada, will be entitled to a
1.2 percent rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
A duty free allowance may be made under subheading
9802.90.8050, if a claim is not made under FTA, for fabricated
components, the product of the United States, which were exported
in condition ready for assembly without fabrication, have not
lost their physical identity in such articles by change in form,
shape or otherwise and have not been advanced in value or
improved in condition abroad except by being assembled and except
by operations incidental to the assembly process such as
cleaning, lubricating and painting.
Articles assembled abroad with American components are
regarded as foreign articles and should be marked to indicate
Canada as the country of origin. "Assembled in Canada from United
States and Canadian components" would appear in the opinion of
this office sufficient to satisfy the marking requirements. If
you require a ruling concerning the marking requirements please
contact the Office of Regulations and Rulings at 1301
Constitution Ave., N.W., Washington, D.C.20229-0001.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
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.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport