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NY B84571




May 13, 1997

CLA-2-90:RR:NC:1:119 B84571

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.19.8500

Mr. Michael Maxwell
Grunfeld, Desiderio, Lebowitz & Silverman LLP 707 Wilshire Boulevard - Suite 5555
Los Angeles, CA 90017

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Orthodontic "Power O's" from Mexico; Article 509

Dear Mr. Maxwell:

In your letter dated April 16, 1997 you requested a ruling on the status of orthodontic "Power O's" from Mexico under the NAFTA. The request is being made on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are "Power O's" which are very small plastic rings used in orthodontics to keep braces in place and to prevent abrasion by the metal braces against the teeth. The "Power O's" and the "trees" to which they are attached are injection molded in Mexico as a unit from urethane resin of United States or Mexican origin. The "tree" is a plastic strip 11 1/2 cm long and 1/2 cm wide. Each ring measures 3mm in outside diameter and 1mm in thickness. There are 25 rings evenly spaced on either side of the tree. The orthodontist separates the rings from the tree for use as needed.

The applicable tariff provision for the orthodontic "Power O's" 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; parts and accessories thereof... other. The general rate of duty will be 2.3 percent.

The orthodontic "Power O's", 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.

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

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

A copy of the ruling 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 the ruling, contact National Import Specialist Jacques Preston at 212-466-5488.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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