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NY 812100

July 21, 1995

CLA-2-90:S:N:N3:119 812100


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 Headgear Systems from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated June 21, 1995, you requested a tariff classification ruling on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are orthodontic headgear systems with finely adjustable neck or head straps that are linked to orthodontic devices in the patient's mouth thus allowing the orthodontist to adjust the tension with precision. The headgear systems are assembled in Mexico from components of U.S. origin.

The component assemblies making up the headgear system are described as a spring subassembly, and cover and frame assemblies. Component parts making up the respective assemblies are listed as tension adjustment and handle linkage, extension spring, cover, snap cap, and frame and release strap, among others.

The applicable subheading for the orthodontic headgear systems 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 headgear systems 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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