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

NY R04410 July 25, 2006 CLA-2-96:RR:NC:SP:233 R04410 CATEGORY: Classification TARIFF NO.: 9615.19.6000 Mr. Christopher Bonang Luminence 5580 La Jolla Blvd. #37 La Jolla, CA 92037 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a fiberoptic hair barrette from Mexico; Article 509 Dear Mr. Bonang: In your letter dated July 9 2006, you requested a ruling on the status of a fiberoptic hair barrette from Mexico under the NAFTA. The item under consideration is an ornamental fiberoptic hair barrette assembled in Mexico from components from various countries. The article is designed to be worn by women as a hair accessory. It consists of a plastic hair barrette which houses a light emitting diode (LED) and two watch batteries. A bundle of fiber optics extends out of the barrette; the ends of the fibers are lit up by the LED when the barrette is closed. In binding ruling NY R04366, we classified the fiberoptic hair barrette under 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Combs, hair-slides and the like: Other: Other” at the general rate of duty of 11% ad valorem. We requested additional information in order to determine whether the barrette qualified for preferential treatment under the NAFTA. You have provided that information in your letter dated July 19, 2006. 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. Based on the facts provided, the goods described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 12(b)(ii)(A). The goods 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 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 Lawrence Mushinske at 646-733-3036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division