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NY 806193

February 17, 1995
CLA-2-90:S:N:N3:119 806193


TARIFF NO.: 9021.19.8500

Mr. Leonard M. Fertman
2049 Century Park East, Suite 1800
Los Angeles, CA 90067

RE: The tariff classification, country of origin marking and status under the North American Free Trade Agreement (NAFTA), of Orthodontic Elastics from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated January 16, 1995 you requested a ruling on the status of orthodontic elastics from Mexico under the NAFTA. The request is being made on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are circular rubber bands cut in Mexico to specific measurements from latex tubing made in the United States. The sample you submitted is a plastic bag containing 4 1/2 ounces of circular rubber bands measuring 1/4 inch and 3/16 of an inch respectively in outside and inside diameters. These bands are used only by orthodontists in their clinical practice. The bag is marked "Made in Mexico".

The applicable tariff provision for the orthodontic elastics 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 4.6 percent.

Since the latex tubing is of U.S. origin, the orthodontic elastics will have been made entirely in the territory of the United States and Mexico using only originating materials. The merchandise will have satisfied the requirements of HTSUSA General Note 12(b)(iii). It 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 marking requirements, pursuant to Annex 311 of the North American Free Trade Agreement and Part 134 of the Customs Regulations, the country of origin marking described above would be acceptable.

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.


Jean F. Maguire
Area Director

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