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NY A85154



August 7, 1996
CLA-2-90:R:N4:119 A85154

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Jack Flynn
Rudolph Miles & Sons, Inc.
P.O. Box 11057
El Paso, TX 79983

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

Dear Mr. Flynn:

In your letter dated July 2, 1996 you requested a ruling on the status of an Endoscopic Multifeed Stapler from Mexico under the NAFTA. The request is being made on behalf of Ethicon Endo Surgery, Inc., Cincinnati, OH 45242.

Based on the information you have furnished, the article to be imported is a disposable stapler used in endoscopic surgery. It consists of a hand actuated handle/trigger assembly and a 14.75 inch tube assembly. Inside the tube is a cartridge assembly which feeds, forms, and ejects formed staples from the end of the tube.

The stapler is assembled in Mexico from about 20 parts, all of U.S. origin. The basic assembly operations that take place in Mexico include manual assembly, ultrasonic welding, leak testing, instrument functional testing, cleaning and packing.

The applicable tariff provision for the Endoscopic Multifeed Stapler will be 9018.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences... parts and accessories thereof... other. The general rate of duty will be 4.7 percent.

Since the components used to manufacture the product are of U.S. origin, the Endoscopic Multifeed Stapler 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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466- 5488.

Sincerely,

Roger J. Silvestri
Director

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