The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the "water wise system" from Canada

NY 898922 June 30, 1994 CLA-2-:S:N:N3:102 898922 CATEGORY: Classification TARIFF NO.:8413.70.2004 Mr. Danny Heidt Heidt Manufacturing RR #2 Osoyoos, British Columbia Canada, VOH 1VO RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the "water wise system" from Canada Dear Mr. Heidt: In your letter dated May 2, 1994 you requested a ruling on the status of the "water wise system" from Canada under the NAFTA. This product consists of a 52 gallon plastic tank, a filtering screen, a float activated water level switch, and a submersible pump. Its purpose is to collect household water from washing machines, sinks, bathtubs and showers and automatically pump it out from the storage tank through an outlet. The user can connect this outlet to a lawn irrigation system or similar such use in order to save on water usage. You state that the tanks, screens and float switch are all products of Canada, while the pump is of U.S. manufacture. It is our opinion that the essential character of this article is imparted by the pump, with the storage tank acting as the pumps reservoir. The applicable tariff provision for the Water Wise System will be 8413.70.2004, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other centrifugal pumps for liquids: submersible pumps. The general rate of duty will be 3 percent ad valorem. The Water Wise System, being wholly obtained or produced entirely in the territory of both Canada and the United States, 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. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party. Sincerely, Jean F. Maguire Area Director New York Seaport