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NY 811700

June 30, 1995
CLA-2-90:S:N:N3:119 811700


TARIFF NO.: 9018.49.8040

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 Pliers from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated June 8, 1995 you requested a ruling on the status of orthodontic pliers from Mexico under the NAFTA. The request is being made on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are orthodontic pliers manufactured in
Mexico from stainless steel raw bar stock of U.S. origin. After importation the orthodontic pliers are further processed into the finished product.

The applicable tariff provision for the pliers will be 9018.49.8040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other instruments and appliances used in dental sciences, and parts and accessories thereof... other. The general rate of duty will be 3.8 percent.

The orthodontic pliers, 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 marking requirements, pursuant to B.1(b) of the "Marking Rules" - Annex 311 of the NAFTA, the country of origin is Mexico. We agree that the die stamping requirement for these types of instruments does not apply to goods of a NAFTA country based on 19 CFR 134.43 (a) [4-1- 95 edition].

You state in your letter that the pliers will be sold to the ultimate purchaser in a box or in a heat sealed plastic container which will bear one of the following markings in accordance with 19 CFR 134.43 (e):

(1) Assembled in Mexico from U.S. components (2) Further processed in Mexico from U.S. materials (3) Product of Mexico made from U.S. components (4) Product of Mexico

Markings (1), (2) and (3) are inappropriate since they do not clearly identify Mexico as the country of manufacture. The implication that the pliers are assembled in Mexico from U.S. components is incorrect. Marking (4), "Product of Mexico", is acceptable. Additional marking to indicate that the steel used to manufacture the product is of American origin and that the product is finished in the United States may be acceptable if it is not worded in such a way as to confuse the ultimate purchaser. Please note, the proposed removal of paragraph (e) from 19 CFR 134.43 was published in the Federal Register Vol 60 No 87 of 5-5-95.

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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