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NY 810306



May 12, 1995
CLA-2-:S:N:N3:119 810306

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Jack Flynn
Rudolph Miles & Sons
P.O. Box 11057

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a Trocar from Mexico; Article 509

Dear Mr. Flynn:

In your letter dated April 24, 1995 you requested a ruling on the status of a Trocar from Mexico under the NAFTA.

The sample you furnished is a spring operated instrument used to puncture body parts and organs. It measures approximately 7 1/2 inches in overall length and consists of a sharp pointed trocar in a safety shield with a handle attached, and a sheath assembly. The spring loaded trocar is activated by pressing it against the patient's body. After penetration, the trocar is removed and the sheath (tube) remains in the body for further medical procedures.

In ruling NY 869756 of 12-27-91, the Trocar was classified under 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences... other. The present general rate of duty is 6.3 percent.

The Trocar is assembled in Mexico from parts that are all made in the U.S. except for the bullet shaped cutting head of the Trocar which is made in China. If imported separately, this cutting head would be classified as a part under 9018.90.8000, HTS.

This non-originating material, the Trocar cutting head, used in the production of the Trocar will not undergo the change in tariff classification required by General Note 12(t)/90 HTSUSA, line 46: A change to subheading 9018.90 from any other heading.

The Trocar, having been produced in the territory of Mexico from one or more non-originating materials which did not undergo the changes in tariff classification under HTSUSA General Note 12(t), because those materials are provided for under the HTSUSA as parts of the goods and the subheading for the goods provides for both the goods and its parts, will be considered as goods which originate in the territory of a NAFTA country.

Regional Value Content (RVC) of such goods must be not less than 60 percent where the Transaction Value Method is used, or not less than 50 percent where the Net Cost Method is used. If a higher RVC requirement is applicable, the goods must satisfy such higher requirement. The goods must satisfy all other applicable requirements. Such goods will 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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