The tariff classification and status under the North American Free Trade Agreement (NAFTA), of fan assemblies and valve assemblies for gas stoves and fireplaces from Canada; Article 509

NY B81319 February 7, 1997 CLA-2-85:RR:NC:MM:113 B81319 CATEGORY: Classification TARIFF NO.: 8414.59.6060; 7321.90.6090 Mr. Joseph Gimentaro PBB Group 434 Delaware Avenue Buffalo, NY 14202 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of fan assemblies and valve assemblies for gas stoves and fireplaces from Canada; Article 509 Dear Mr. Gimentaro: In your letter dated January 14, 1997, you requested a ruling on the status of valve assemblies and fan assemblies from Canada under the NAFTA. The merchandise consists of two fan assemblies, items #400-515 and #620-566, and two valve assemblies, items #400-560 and #570-561. This ruling will address the correct classification of the goods; your request for a marking ruling will be addressed separately. Items #400-515 and #620-566 are described as fan assemblies for gas stoves and fireplaces. The fan assemblies blow heated air from the stove or fireplace into the room when a thermostat senses a preset temperature. Item #400-515 consists of a complete 115V centrifugal fan of German origin mounted on a metal base. Item #620-566 is similar, except the complete fan unit is of U.S. manufacture. The fan units are mounted to the metal bases in Canada and all the mounting components are of Canadian origin. The applicable subheading for the fan assemblies will be 8414.59.6060, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for centrifugal fans. The general rate of duty will be 3.3 percent ad valorem. The valve assemblies provide the required pressure for the gas prior to ignition. The ignition provides the flame to burn off gas for the fireplace or stove. The assembly includes both a valve and a pilot assembly. Item #400-560 is assembled in Canada from USA, Mexican and Canadian parts. Item 570-561 is assembled in Canada from Canadian and Italian parts. The applicable tariff provision for the valve assemblies will be 7321.90.6090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for stoves, ranges, grates, cookers ... barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, parts, other, other. The general rate of duty will be 1.7 percent ad valorem. Fan assembly #400-515 does not qualify for preferential treatment under the North American Free Trade Agreement (NAFTA) because the non-originating fan unit used in the production of the assembly will not undergo the change in tariff classification required by General Note 12(t)/84.30(A), HTSUSA. Fan assembly #620-566 being made entirely in the territory of Canada using materials which themselves originate from a NAFTA territory, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. Valve assembly #400-560 being made entirely in the territory of Canada using materials which themselves originate from a NAFTA territory, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. Valve assembly #570-561 does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials, for example, the pilot, used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/73.23, HTSUSA. 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 James Smyth at 212-466-2084. 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 Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229. Sincerely, Robert B. Swierupski Chief, Metals and Machinery Branch National Commodity Specialist Division