CLA-2-93:S:N:N3:119 896274
Mr. Jose Y. Canedo
International Suppliers Inc.
P.O. Box 37168
Houston, TX 77237
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Shock Protection Devices from Mexico
Dear Mr. Canedo:
In your letter dated March 22, 1994 you requested a ruling on the status of shock protection devices, finished and unfinished, from Mexico under the NAFTA.
The articles to be imported are finished and unfinished stunning devices built into a glove or sweatband. Except for the electronic components that are supplied from the United States, the products are completely of Mexican origin.
Item 1 is a finished stunning device consisting of a glove with built in wires that connect two terminals at the tips of the fingers to electronic components contained in a plastic box which itself is held in a pouch that is sewn into the wrist portion of the glove. By switching the device on and applying the terminals to an attacker's flesh a powerful disorientating electric shock is inflicted.
Item 2 is a full fingered unlined glove composed of knit manmade fabric. The glove features a vinyl overlay on the palm side, fourchettes and a square pocket on the palm side of the wrist. Two wires run from the pocket under the vinyl overlay to the tip of the thumb and index finger.
Item 3 is a finished stunning device built into a lycra and cotton wrist sweatband which has a pouch to hold a small plastic box of electronic components and a protruding rectangular lip to house the terminals. The sweatband stunning device operates the same way as the glove above.
Item 4 is the same sweatband stunning device described above but without the electronic components (capacitor and transformer).
The merchandise will be classified based on the information supplied in your letter for the finished articles and the samples for the unfinished ones.
The applicable tariff provision for item 2, the glove without electronic components will be 6116.93.9400, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for gloves... knitted or crocheted: other: of synthetic fibers: other: with fourchettes. The general rate of duty will be 19.8 percent.
The applicable tariff provision for the finished glove stunning device (Item 1) and the finished sweatband stunning device (Item 3) will be 9304.00.6000, HTSUSA, which provides for other arms... other. The general rate of duty will be 5.7 percent.
The applicable tariff provision for item 4, the unfinished sweatband stunning device, will be 9305.90.6000, HTS, which provides for parts and accessories of articles of headings 9301 to 9304... other. The general rate of duty will be 5.7 percent
All four items, the finished and unfinished glove and sweatband stunning devices, being made entirely in the territory of Mexico using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to reduced rates of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
The reduced rates of duty are as follows: For item 2, the glove without electronic components, the rate will be 15.8 percent; for items 1, 3 and 4 the rate will be free.
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