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NY 803869



November 28, 1994
CLA-2-90:S:N:N3:119 803869

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.19.8500

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 Elastomeric Modules from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated October 20, 1994 you requested a ruling on the status of elastomeric modules from Mexico under the NAFTA. The request is being made on behalf of Ormco Corporation, Glendora, CA.

The elastomeric modules or "Power O's" are small elastic rings measuring approximately three millimeters in outside diameter and one millimeter in thickness which are used professionally in orthodontic procedures. They are precisely cut by machine in Mexico from polyurethane tubes that are entirely of United States origin. The Power O's are placed on metal canes (of U.S. origin) packed in cardboard containers and shipped to the United States.

The applicable tariff provision for the elastomeric modules or "Power O's" will be 9021.19.8500, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for artificial joints and other orthopedic or fracture appliances; parts and accessories thereof... other. The general rate of duty will be 5.8 percent.

The elastomeric modules or "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.

In regard to the country of origin marking no ruling can be issued since the type and location of the marking have not been indicated.

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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