CLA-2-84:OT:RR:NC:N1:106

Cindy E. Herriges, Customs Compliance Officer
Schulte Industries Ltd.
#1 Railway Ave, Box 70
Englefeld, Saskatchewan
S0K 1N0 CANADA

RE: The tariff classification of rockpicker part from Canada

Dear Ms. Herriges:

In your letter dated March 15, 2011, you requested a tariff classification ruling.

The item under consideration has been identified as a “Batt Assembly, Round Tube, Hardox 450” (Part # R100-195), which you state is a component of the Schulte rockpicker. The R100-195 basic function is for sliding rocks up the rockpicker grate and into a storage bucket. This is an optional piece of equipment used on extremely rocky ground conditions with abrasive rocks.

The applicable subheading for Part # R100-195 will be 8432.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Agricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports ground rollers; parts thereof: Parts: Of other machinery. The rate of duty will be Free.

In addition you requested a determination of Country of Origin for Part # R100-195. You state in your ruling request that there are four (4) subassemblies that make up the finished good:

6095-001 HTS 7225.40.7000 C/o Sweden 8911-002 HTS 7207.19.0090 C/o Canada R100-196 HTS 7225.40.7000 C/o Sweden R100-197 HTS 7225.40.7000 C/o Sweden

You state that the subassemblies are assembled and Part R100-195 is manufactured in your plant. Located in Englefeld, Saskatchewan.

In addition to classification, you requested assistance in determining Country of Origin for the completed assembly.

After reviewing the information that you provided regarding the condition of the subassemblies as imported into Canada and the transformation that occurs during final assembly into a new and unique article of commerce, the Country of Origin for Part R100-195 will be Canada.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Mark Palasek at (646) 733-3013.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division