The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a remote control from Mexico; Article 509

NY C87460 May 26, 1998 CLA-2-85:RR:NC:1: 112 C87460 CATEGORY: Classification TARIFF NO.: 8537.10.9070 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