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NY I85144




September 6, 2002

CLA-2-90:RR:NC:N1:105 I85144

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.49.8080

Ms. Linda Otto
Ormco Corporation
1332 S. Lone Hill Avenue
Glendora, CA 91740

RE: The tariff classification of Orthodontic Mixing Trays from Mexico

Dear Ms. Otto:

In your letter dated August 1, 2002, you requested a tariff classification ruling.

The base material of the sample is a thin, elaborately molded piece of polystyrene plastic.

Your state: “The trays measure approximately 5 7/8” x 2 ¾”.

The mixing trays are used to hold and organize orthodontic brackets before they are applied to the patient’s teeth. They also provide a surface onto which adhesives and other needed materials can be dispensed so they will be readily available when needed.

Each tray contains 32 holes, in which brackets are placed. The trays are sold with masking tape on the back. The sticky side of the tape is exposed through the holes. The stickiness of the tape helps hold the brackets in place on the tray. (It is important that each bracket stay in its place on the tray, because the brackets are not interchangeable. The orthodontist selects the type of bracket required for each tooth, depending on the patient’s prescription and the orthodontist’s preference. The brackets are placed on the tray so they will be applied to the teeth in a certain order.)

Typically, the orthodontist’s assistant will pull from stock all the brackets for the next day’s patients the night before, setting up a tray for each patient with that patient’s brackets. The trays are matched with the patients’ files.

The trays contain four ‘wells,’or indentations, where the orthodontist can dispense etching solution and sealant. There is a raised ‘S’ above the two wells on the left side of the tray, indicating that those two wells are for the sealant. On the right side of the tray, the other two wells are marked with a raised ‘E’ for etching solution.

When the orthodontist is ready to apply the braces, he or she dispenses adhesive sealant, and etching solution onto the tray. The adhesive dispensed in the center of the tray, is used to attach the brackets to the teeth. The etching solution is applied to the tooth to make it rough so the adhesive will bond to the tooth. The sealant is applied to the back of the bracket to enhance the bonding strength of the adhesive.

The orthodontist then applies the adhesive to the back of the bracket and places the bracket on the tooth.”

The imports into the USA will also have a two sided tape applied which will be used to secure it to the worktable. They will be packaged in packs of forty and sold to orthodontists’ offices.

The items are clearly identifiable as tools for dentists. In particular, the 32 holes correspond to the 32 teeth in the human mouth.

The applicable subheading for the mixing trays will be 9018.49.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances used in dental sciences. The rate of duty will be free.

Since the rate of duty is free, we assume you do not wish to pursue your question concerning the applicability of a partial duty reduction for the facts of this item under HTS 9802.00.80. We note that, since you indicate that all the materials are either USA or Mexico origin, the imports will be entitled to NAFTA preference if you properly claim it, and thus the Merchandise Processing Fee would not apply.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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