The tariff classification and status under the North American Free Trade Agreement (NAFTA), of automotive wiring harnesses from Mexico; Article 509

N047044 January 8, 2009 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8544.30.0000 Ms. Janet C. Wallett Customs Compliance Manager – Americas FCI 825 Old Trail Road Etters, PA 17319 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of automotive wiring harnesses from Mexico; Article 509 Dear Ms. Wallett: In your letter dated December 10, 2008, you requested a ruling on the status of various automobile wiring harnesses from Mexico under the NAFTA. The samples which you submitted are being returned as requested. The items concerned are automobile wiring harnesses (part #s 41204065USE, 41204066USE, 41204042USC, 41204472USA AND 41204470USA). These wiring harnesses are composed of insulated multi-strand copper wire, grommets, retainer clips, terminals, covers, rubber seals, spacer wire connectors, PVC-tubing and lamp sockets. These components are products of the United States, Mexico and Honduras. The non-originating components consist of terminated wire leads, country of origin Honduras. In Mexico these components are manufactured into various automobile wiring harnesses. The applicable tariff provision for the automobile wiring harnesses (part #s 41204065USE, 41204066USE, 41204042USC, 41204472USA AND 41204470USA) will be 8544.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships.” The general rate of duty will be 5%. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as “goods originating in the territory of a NAFTA party” only if-- (i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or (ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that-- (A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or (B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or (iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or (iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the non-originating materials falling under provisions for “parts” and used in the production of such goods does not undergo a change in tariff classification because-- (A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or (B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts, provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note. You specifically inquire as to whether or not General Note 12(b)(iv)(B), HTSUS, would be applicable to your merchandise, in regards to the use of the non-originating wire/cable from Honduras. Based on the facts provided, the goods described above do not qualify for NAFTA preferential treatment under General Note 12(b)(iv)(B), HTSUS. Heading 8544 does not contain a provision for “parts”, the non-originating wire/cable from Honduras is not classified under a “parts” provision, as such General Note 12(b)(iv)(B) would not apply. 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 Steve Pollichino at (646) 733-3008. 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 and Border Protection, Office of International Trade, Regulations and Rulings Mint Annex, 799 9th Street N.W., Washington, D.C. 20001-4501. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division