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NY 814223




September 25, 1995

CLA-2-90:R:N4:119 814223

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 Orthodontic Cast Buccal Tubes from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated August 21, 1995, you requested a tariff classification ruling on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are cast buccal tubes assembled in Mexico from components of U.S. origin. Cast buccal tubes vary in size and shape but generally consist of tube castings, caps, silver solder and brazing paste. These components are exported to Mexico where they undergo a seven- step assembly operation including straightening, soldering, removing excess flux and finish tumbling.

The applicable subheading for the cast buccal tubes 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 cast buccal tubes 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,

Roger J. Silvestri
Director

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