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NY 811609




July 20, 1995

CLA-2-90:S:N:N3:119 811609

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.19.8500

Mr. Leonard M. Fertman
2049 Century Park East, Suite 1800
Los Angeles, CA 90067

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of Face Bows (orthodontic) from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated June 20, 1995, you requested a tariff classification ruling on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are orthodontic metal appliances called face bows assembled in Mexico from components of U.S. origin. The exported components are listed as an out bow, inner arch, and silver solder. The assembly steps consist of acid etching both the outer bow and inner arch and then soldering both components together to form a bow-shaped apparatus. Excess flux is removed, identification is stamped and the casting is tumbled clean to remove residues from the flux and soldering and brazing. The assembled units are inspected for quality control and returned to the United States. It is stated that the purpose of the acid etching is to promote better adhesion of the metal parts.

The applicable subheading for the face bows will be 9021.19.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial joints and other orthopedic or fracture appliances... other. The rate of duty will be 4.6 percent.

Since the components used to manufacture the product are of U.S. origin, the face bows will have been made entirely in the territory of the United States and Mexico using only originating materials. The merchandise will have satisfied the requirements of HTSUSA General Note 12(b)(iii). It 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 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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