CLA-2-85:RR:NC:1: 112 C87460
Mr. William Polkinhorn
Bill Polkinhorn, Inc.
2401 Portico Blvd.
P.O. Box 712
Calexico, CA 92231
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of a remote control
from Mexico; Article 509
Dear Mr. Polkinhorn:
In your letter dated April 30, 1998, on behalf of Ohsung
Electronics, U.S.A., you requested a ruling on the status of a
remote control from Mexico under the NAFTA.
As indicated by the submitted sample, the remote control,
identified as model RT-J50, is a hand-held unit of the type used
to operate televisions. It is battery operated and uses a light
emitting diode (LED) to transmit an infrared signal to the
receiver in the television.
The applicable tariff provision for the RT-J50 remote
control unit will be 8537.10.9070, Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), which provides for other
boards, panels, ..., and bases, ..., for the control or
distribution of electricity: for a voltage not exceeding 1,000 V.
The general rate of duty will be 3.2 percent ad valorem.
In NY Ruling B82697, dated April 3, 1997, this office
advised that this model remote control did not qualify for NAFTA
status since the printed circuit assembly, which was of Korean
origin, did not meet the requirements of General Note
12(t)/85.121. You now state that, as of January 1, 1998, only a
bare printed circuit board is being imported from Korea into
Mexico.
Based on this information, each of the non-originating
materials used to make the remote control now satisfies the
changes in tariff classification required under HTSUSA General
Note 12(t)/85.121. The remote control will be entitled to a Free
rate of duty under the NAFTA upon compliance with all applicable
laws, regulations, and agreements.
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division