CLA-2-25:RR:NC:2:236 B82688

Ms. Patricia A. Perez
International Trade & Commerce, Inc.
1601 W. Calton Rd.
Laredo, TX 78041

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of natural ground baryte from Mexico; Article 509

Dear Ms. Perez:

In your letter dated February 26, 1997, on behalf of your client Barita De Santa Rosa SA DE CV, you requested a ruling on the status of natural ground baryte from Mexico under the NAFTA.

The applicable tariff provision for natural ground baryte will be 2511.10.1000, Harmonized Tariff Schedule of the United States Annotated, which provides for Natural barium sulfate (barytes); natural barium carbonate (witherite), whether or not calcined, other than barium oxide of heading 2816: Natural barium sulfate (barytes): Ground. The general rate of duty will be $1.28 per ton ad valoerm.

Natural ground baryte, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. In your letter, you also ask if it is possible to file an informal entry/ entry summary through ABI for this importer for shipments valued from $1140.00 to $1194.00. Under 19 CFR 143.21, shipments of merchandise not exceeding $1,250.00 in value, except as noted therein may be eligible for informal entry. However, the District Director (Port Director) may require formal consumption or appraisement entry, if deemed necessary under the provisions of 19 CFR 143.22.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 V. Gualario at 212-466-5744.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division