HQ 952359: Protest No. 0201-91-100609; printer; United States-CanadaFree-Trade Agreement; 19 CFR 10.307(c); 19 CFR 10.307(d)(1); 19CFR 10.307(e); 19 CFR 10.309.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 952359

                         August 13, 1992

CLA-2 CO:R:C:M 952359 AJS

CATEGORY: Classification

TARIFF NO.: 8471.92.65

District Director
U.S. Customs Service
P.O. Box 1490
St. Albans, Vermont 05478

RE: Protest No. 0201-91-100609; printer; United States-Canada
Free-Trade Agreement; 19 CFR 10.307(c); 19 CFR 10.307(d)(1); 19
CFR 10.307(e); 19 CFR 10.309.

Dear District Director:

     This is our decision in protest for further review number
0201-91-100609, dated November 11, 1991, regarding the tariff
classification of printers within subheading 8471.92.65,
Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

     The merchandise under protest are invoiced as printers.  It
is claimed that the country of origin of these printers is 
Canada, and that they are subject to duty free treatment under
the United States-Canada Free-Trade Agreement (CFTA).  However,
the Customs Form (CF) 6445A states that the importer has not
provided sufficient information to support their claim.  A CF 28
requesting this information from the importer was not answered.

ISSUE:

     What is the proper tariff classification of the subject
printers under the HTSUS.

     Whether the printers are entitled to treatment under the
CFTA.





                               -2-

LAW AND ANALYSIS:

     The protestant claims that the subject printers are properly
classifiable within subheading 8471.92.65, HTSUS, which provides
for printer units.  The CF 6445A agrees that the printers are
classifiable within this subheading.

     Articles from Canada classified within subheading
8471.92.65, HTSUS, are entitled to entry free of duty under the
CFTA, provided the importer satisfies the requirements set forth
in the pertinent Customs regulations.  A claim for CFTA treatment
shall be based on the Exporter's Certificate of Origin (ECO),
properly completed and signed by the person who exports or
knowingly causes the goods to be exported from Canada.  19 CFR
10.307(c).  The ECO must be available at the time CFTA treatment
is claimed and shall be presented to the district director upon
request.  19 CFR 10.307(c).  The ECO shall be prepared on CF 353
or alternative formats may be used if they contain the same
information and certification as set forth in the CF 353.  19 CFR
10.307(d)(1).  In this case, an ECO was not received by
Headquarters nor is there any evidence that an ECO was presented
to the port of entry.  

     Exceptions to the foregoing documentation requirements may
be authorized at the discretion of the district director in
certain circumstances.  See 19 CFR 10.307(e).  Any evidence of
country of origin submitted in support of CFTA treatment shall be
subject to such verification as the appropriate Customs official
may deem necessary.  If the U.S. importer or U.S. exporter or
their agent does not provide the information requested by the
appropriate Customs officer, the district director may refuse to
grant the claim for CFTA treatment, in addition to other
available sanctions.  19 CFR 10.309.

     The CF 6445A states that sufficient evidence to support the
protestant's claim for CFTA treatment has not been provided.  In
addition, a CF 28 requesting this information was not answered. 
Therefore, if you are not satisfied that the protestant has
provided the necessary information in accordance with the
pertinent regulations, you should refuse to grant CFTA treatment.

HOLDING:

     The subject printers are properly classifiable within
subheading 8471.92.65, HTSUS, which provides for printer units
which are assembled units incorporating at least the media
transport, control and print mechanism.  The protest should be
approved concerning the classification of the printers.




                               -3-

     Concerning CFTA treatment, if you are not satisfied that the
protestant has met the requirements set forth above in the
pertinent regulations, then you should deny CFTA treatment.  A
copy of this decision should be attached to the Customs Form 19
and provided to the protestant as part of the notice of action on
the protest.


                                 Sincerely,


                                 John Durant, Director