The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the Crystalline Pool System from Canada; Article 509

NY F82901 February 16, 2000 CLA-2-95:RR:NC:2:224 F82901 CATEGORY: Classification TARIFF NO.: 9506.99.5500 Louis Mazerolle Crystalline H2O Inc. 1037 Autoroute Laval West Laval, Quebec Canada H7L 3W3 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the Crystalline Pool System from Canada; Article 509 Dear Mr. Mazerolle: In your letter dated January 27, 2000, you requested a ruling on the status of the Crystalline Pool System from Canada under the NAFTA. You are requesting the tariff classification and status under NAFTA for a product that is called the Crystalline Pool System. The product is a light blue granular substance used as a bactericide, algaecide and fungicide for swimming pools. It is claimed that the combined use of this product and a small amount of chlorine will promote an optimal water quality in the maintenance of swimming pools. It is our understanding that this product is principally and solely used as a cleaning agent for swimming pool water. Chapter 95, note 3 of the Harmonized Tariff Schedule of the United States (HTSUS) states in part that “…parts and accessories which are suitable for use solely and principally with articles of this chapter are to be classified with those articles.” Customs Headquarters has stated that the term “accessory” is generally understood to mean an article that is not necessary to enable the goods with which it is used to fulfill their intended function. An “accessory” is of secondary importance, but must, however, contribute to the effectiveness of the principal article. In the instant case the Crystalline Pool System contributes to the maintenance of swimming pools, therefore improving the swimming pool’s operation and qualifying the product to be an accessory to swimming pools. The applicable tariff provision for the Crystalline Pool System will be 9506.99.5500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for swimming pools and wading pools and parts and accessories thereof. The general rate of duty will be 5.3 percent ad valorem. The Crystalline Pool System, being wholly obtained or produced entirely in the territory of a NAFTA country, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a preferential 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). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party. 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 Tom McKenna at 212-637-7015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division