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NY 802134




September 30, 1994
CLA-2-90:S:N:N3:119 802134

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.49.8040

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 Root Canal Files from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated September 12, 1994 you requested a ruling on the status of root canal files from Mexico under the NAFTA. The request is being made on behalf of Ormco Corporation, Glendora, CA.

The root canal file to be imported consists of a plastic handle and a fluted file. The root canal file is not used in a machine as dental burs are but is used in the hand like a reamer to cleanse the root canal. The files are manufactured in three different types and are marketed under the names "Standardized Files", "Hedstrom Files" and "K-Flex Options".

The root canal files are manufactured and packaged in Mexico from materials furnished by the importer: plastic for extrusion, blank stainless steel wire and packaging material. The plastic is extruded into a handle for the file. The wire is ground and fluted to specifications, cut to size and notched for insertion into the plastic handle.

The applicable tariff provision for the root canal files will be 9018.49.8040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other instruments and appliances used in dental sciences... other: other. The general rate of duty will be 4.7 percent.

Each of the non-originating materials used to make the root canal files has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/90. The root canal files 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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