CLA-2-85:RR:NC:1: 112 B87602
Mr. Thomas J. O'Donnell
O'Donnell, Byrne, Basham & Williams
20 North Wacker Drive
Suite 1416
Chicago, IL 60606
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of electronic control panels from Mexico; Article 509
Dear Mr. O'Donnell:
In your letter dated July 9, 1997, on behalf of Digital Appliance Controls, Inc., you requested a ruling on the status of electronic control panels from Mexico under the NAFTA.
As indicated by the submitted samples, these control panels are for use with a gas stove (Luna 2 Gas Model Number 00N02921131) and an electric range (Gemini 2 Electric Model Number 00N06511122). These panels, each consisting of a populated printed circuit board and display panel mounted in a housing, control the functions involved in cooking and heating food, including the necessary amount of electricity or gas, and the cooking time.
The applicable tariff provision for the Luna 2 Gas Model Number 00N02921131 and the Gemini 2 Electric Model Number 00N06511122 control panels will be 8537.10.9050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other boards, panels, ..., for the control or distribution of electricity, for a voltage not exceeding 1,000 V. The general rate of duty will be 3.7 percent ad valorem.
With respect to the Gemini 2 Electric Model Number 00N06511122 control panel, each of the non-originating materials used to make the control panel has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.121. The Gemini 2 Electric Model Number 00N06511122 will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
In the case of the Luna 2 Gas Model Number 00N02921131 control panel, one or more of the non-originating materials used in the production of the goods will not meet the tariff shift requirements of General Note 12(t)/85.121, HTSUSA. In addition, the Regional Value content requirements of that Note have not been met. Accordingly, this item does not qualify for preferential treatment under NAFTA.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.
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 David Curran at 212-466-5680.
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, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.
Sincerely,
Robert Swierupski
Chief, Metals and Machinery Branch
National Commodity
Specialist Division