NY A89110 - The tariff classification, NAFTA eligibility, and country of origin marking, of certain surgical kits, from Mexico. Article 509 - United States International Trade Commision Rulings

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A 89110

November 25, 1996

CLA-2-48:RR:NC:2:234 A 89110

CATEGORY: CLASSIFICATION

TARIFF NO.: 4818.20.0020, 9801.00.10

Ms. Elva Arzate
Rudolph Miles & Sons, Inc.
4950 Gateway East, P.O. Box 11057
El Paso, Texas 79983

RE: The tariff classification, NAFTA eligibility, and country of origin marking, of certain surgical kits, from Mexico. Article 509

Dear Ms. Arzate:

In your letter dated October 11, 1996, to the Office of Regulations and Rulings, Washington, D.C., on behalf of your client, The Kendall Company / Kendall Healthcare Products, Mansfield, Massachusetts, you requested a tariff classification ruling. Samples were submitted, which will be retained for reference.

Your letter described four (4) kits, of which two (2), Kit #3 and Kit #4, will be the subjects of a separate ruling. This ruling will refer to your Kit #1, Dry Skin Scrub Tray, and your Kit #2, Wet Skin Scrub Tray.

These Scrub Tray kits are transparent plastic wrapped packages, containing a variety of components put up in sets for sterile single use in a surgical procedure. All components but one, and all interior packing material, are of U.S. origin. One component of each kit, Latex Glove, is produced in Malaysia.

The components are packaged in Mexico, and will be imported through the port of El Paso, Texas.

Classification: You point out, and we agree, that these Scrub Tray kits are, in all material respects, like the surgical prep kits discussed and ruled upon in HQ 555520, October 29, 1990.

Accordingly, these products will be considered "goods put up in sets for retail sale", and their classification will be governed by General Rule of Interpretation 3 (c), Harmonized Tariff Schedule of the United States (HTS).

Under the rule, the heading which occurs last in numerical order among those which equally merit consideration in these sets is 4818, which provides for Paper Towels, of which there are three (3) in each set.

The applicable subheading for these sets will be 4818.20.0020, HTS, which provides for: Towels of paper pulp, paper, cellulose wadding or webs of cellulose fibers. The general rate of duty is 4.2 percent. Allowances in duty may be made for the value of the U.S. articles that are merely packaged abroad, under subheading 9801.00.10, HTS.

NAFTA Eligibility: These Scrub Trays meet the definition of "goods originating in the territory of a NAFTA party", as described in General Note 12. (b) (ii) (A), HTS. Pursuant to (a) (ii) of the Note, they are eligible for the duty rate in the "Special" subcolumn followed by the symbol "MX" in parentheses, alongside subheading 4818.20.00. That duty rate is Free.

Marking: The country of origin of these scrub trays, for marking purposes, is Mexico. (19 C.F.R. 102.11 (a) (3))

Appropriate marking would be "Assembled in Mexico from U.S. components; Glove made in Malaysia." (19 C.F.R. 134.43 (e) (2))

(The sample submitted is already marked "Assembled in Mexico", in a conspicuous place on a large paper label, visible through the outer plastic container.)

This ruling is being issued under the provisions of Section 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733.

Sincerely,

Roger J. Silvestri

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