The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of plastic spill resistant drinkware from Australia.

N229436 September 4, 2012 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification Ms. Amanda M. Burkett Nautspill Pty Ltd P.O. Box 887 Spit Junction NSW 2088 Australia RE: The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of plastic spill resistant drinkware from Australia. Dear Ms. Burkett: In your letter dated August 6, 2012, you requested a ruling on the status of plastic spill resistant drinkware from Austalia under the UAFTA. On July 20, 2012, a tariff classification ruling was issued on this merchandise under file number NY N222795. The submitted illustration was identified as Nautspill Spill Resistant Drinkware. The illustration depicted four drinking vessels: a champagne flute, a wine glass, a tumbler, and a hot drink mug. The drinkware is made of co-polyester, polypropylene and polyvinyl chloride plastic materials. Each article is imported with an optional suction base and an optional polypropylene plastic insert, identified as a “baffle.” The baffle is wide at the top and narrow at the bottom. When used, the baffle is inserted into the open mouth of the drinkware and pushed downward until the narrow bottom of the baffle comes in contact with the internal bottom of the vessel. The baffle insert and the suction base are designed to prevent spillage of the beverage (not included in the importation) that will be contained with the drinkware. You have now requested a ruling on the applicability of the United States-Australia Free Trade Act (UAFTA) to that merchandise. You have stated that the co-polyester material is sourced in the United States, the polypropylene material is sourced in Australia and the polyvinyl chloride material is sourced in Australia. General Note 28(b), HTSUS, sets forth the criteria for determining whether a good is originating under the UAFTA. General Note 28(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good of a UAFTA country under the terms of this note only if – (i) the good is a good wholly obtained or produced entirely in the territory of Australia or of the United States, or both; (ii) the good was produced entirely in the territory of Australia or of the United States, or both, and— (A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; (B) the good otherwise satisfies any applicable regional value content requirement referred to in subdivision (n) of this note; or (C) the good meets any other requirements specified in subdivision (n) of this note; and such good satisfies all other applicable requirements of this note; (iii) the good was produced entirely in the territory of Australia or of the United States, or both, exclusively from materials described in subdivision (b)(i) or (b)(ii) of this note; or (iv) the good otherwise qualifies as an originating good under this note, and is imported directly into the customs territory of the United States from the territory of Australia. It is assumed that your use of the word “sourced” means that there are no materials used in the manufacture of this item or any of its components that originated in a location other than in the United States or Australia. If this is the case, then based on the facts provided, the goods described above qualify for UAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 28(b)(i). The goods will therefore be entitled to a free rate of duty under the UAFTA upon compliance with all applicable laws, regulations, and agreements. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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 Gary Kalus at (646) 733-3055. Sincerely, Thomas J. Russo Director National Commodity Specialist Division