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NY 812099

July 21, 1995

CLA-2-90:S:N:N3:119 812099


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 Orthodontic Brackets from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated June 20, 1995, you requested a tariff classification ruling on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are orthodontic brackets assembled in Mexico from components of U.S. origin. Generally the brackets consist of a flat base, both round and rectangular tubes, stainless steel wire, and silver solder. These components are exported to Mexico where the assembly operations consist of first acid etching the round tube in order to permit the solder to adhere to the metal, and then tack welding the rectangular and round tubes, and stainless steel wire, to the base assembly to form the assembled article. The tack weld points are soldered over with silver solder. The flux is removed and the assembly is tumble-cleaned and returned to the United States.

The applicable subheading for the orthodontic brackets will be 9021.19.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial joints and other orthopedic or fracture appliances... other. The rate of duty will be 4.6 percent.

Since the components used to manufacture the product are of U.S. origin, the orthodontic brackets 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.

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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