United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 NY Rulings > NY B82646 - NY B83163 > NY B82684

Previous Ruling Next Ruling
NY B82684




March 14, 1997

CLA-2-90:RR:NC:1:119 B82684

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9021.19..8500

Mr. Michael P. Maxwell
10100 Santa Monica Boulevard, Suite 300
Los Angeles, CA 90067

RE: The tariff classification, country of origin marking and status under the North American Free Trade Agreement (NAFTA), of orthodontic retainers from Mexico; Article 509; NAFTA Marking Rules (Final)

Dear Mr. Maxwell:

In your letter dated February 24, 1997 you requested a ruling on the status of orthodontic retainers from Mexico under the NAFTA. The request is being made on behalf of Ormco Corporation, Glendora, CA.

CLASSIFICATION:

The articles to be imported are orthodontic retainers manufactured from stainless steel wire and acrylic resin according to specifications furnished by the ordering dentists in the United States. Stainless steel round wire is shipped to Mexico where it is cut to length, shaped and combined with acrylic resin (also of U.S. origin) to form individual retainers.

The applicable tariff provision for the orthodontic retainers will be 9021.19.8500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for artificial joints and other orthopedic or fracture appliances... other. The general rate of duty will be 2.3 percent.

The orthodontic retainers, being made entirely in the territory of the United States and Mexico using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

MARKING:

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement. The rules used for determining the country of origin of a good imported from a NAFTA country are contained in 19 CFR Part 102 (Final Rule published as T.D. 96-48).

When shipped to Mexico, the wire and the acrylic resin are classifiable respectively in Chapters 72 and 39, HTS. The tariff shift requirement for 9021.19 as prescribed in Section 102.20 is as follows: A change to subheading 9021.19 from any other subheading, except from nails classified in heading 7317 or screws classified in heading 7318 when resulting from a simple assembly.

Consequently the finished retainers can be placed in the hierarchy of the NAFTA Marking Rules at CR 102.11(a)(3) which states that the country of origin of a good is the country in which each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied. Therefore the country of origin of the orthodontic retainers for marking purposes is Mexico.

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,

Robert B. Swierupski
Chief, Metals & Machinery Branch

Previous Ruling Next Ruling

See also: