CLA-2-39:RR:NC:SP:221 J88127
Ms Mary Beth Moran
BCB International Inc.
1245 Niagara Street
Buffalo, NY 14213-1501
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of 3 ring plastic binders from Canada; Article 509
Dear Ms. Moran:
In your letter on behalf of Davis Group of Companies Corp., Canada, which was received in this office on August 20, 2003, you requested a ruling on the status under the NAFTA of a 3 ring plastic binder from Canada.
The binder will be assembled from two components: a plastic cover imported from either China or Norway and a 3 ring steel fastener clip from China. The components are assembled in Canada by Davis Group. You have submitted a sample of a complete ring binder, a sample of a steel ring fastening mechanism, and a sample of a plastic folder. The sample plastic folder has heat sealed inner compartments and is clearly not the same cover from which the binder is manufactured. It is assumed for purposes of this reply that the plastic cover from which the binder is manufactured has rounded corners, as per the sample of the complete ring binder.
The applicable tariff provision for the 3 ring binder will be 3926.10.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of plastics…office or school supplies. The general rate of duty will be 5.3 percent ad valorem.
The merchandise does not qualify for preferential treatment under the NAFTA because the non-originating binder cover used in the production of the finished binder will not undergo the change in tariff classification required by General Note 12(t)/39.10, HTSUSA.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
You also inquire about country of origin marking. The binders may be marked “Assembled in Canada of Chinese (or Chinese and Norwegian) components,” or words of similar meaning.
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 Joan Mazzola at 646-733-3023.
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, Commercial Rulings Division, Bureau of Customs and Border Protection, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division