The Application of a NAFTA Rule of Origin

NY M84408 June 30, 2006 CLA-2-87:RR:NC:N1:101 M84408 CATEGORY: Classification TARIFF NO.: 8708.29.5060 Mr. Andrew P. Doornaert Miller Canfield 150 West Jefferson, Suite 2500 Detroit, Michigan 48226 RE: The Application of a NAFTA Rule of Origin Dear Mr. Doornaert: In your letter dated June 14, 2006 you requested a NAFTA information ruling on behalf of your client Brome MX of Mexico. You are seeking confirmation of the application of a NAFTA Rule of Origin. The article of commerce under consideration is an electrically operated automotive window regulator. We agree that the window regulator will be classified in HTS 8708.29.5060 upon entry into the United States. Your question concerns application of HTSUS General Note 12(t), Ruule 19 which provides: A change to subheading 8708.29 from any other heading; or No required change in tariff classification to subheading 8708.29 provided there is a regional value content of not less than 50% under the net const method. You are seeking confirmation that the window regulator only has to meet one of the two tests listed above in A or B where As is considered a “tariff shift only rule” and B is considered a “regional value content requirement rule.” You have supplied a list of parts which are manufactured in Mexico to produce a complete window regulator. We cannot comment on the particular NAFTA eligibility of this item since we do not have detailed information on each part. We do, confirm, however that if part A is met, then there is no need to determine regional value content. The applicable subheading for the window regulator will be 8708.29.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories of bodies (including cabs): Other: Other: Other. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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 Robert DeSoucey at 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division