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NY A84674




July 8, 1996

CLA-2-90:R:N4:119 A84674

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.19.8500; 9905.90.09

Mr. Joe Fontana, M.P.
London East
437 Oxford Street East
London, Ontario, Canada N5Y 3H5

RE: The tariff classification of infant orthodontic braces from Canada

Dear Mr. Fontana:

In your letter dated June 6, 1996 you requested a tariff classification ruling on behalf of Dr. & Mrs. Ralph Latham, owners of Cleft Palate Appliances Co., London, Ontario.

The articles to be imported are infant orthodontic braces used in the correction of cleft lip and cleft palate conditions. They are manufactured in Canada and shipped to clients in the United States.

The applicable subheading for the orthodontic braces will be 9021.19.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial joints and other orthopedic or fracture appliances; parts and accessories thereof... other. The duty rate will be 3.5 percent.

The orthodontic braces are eligible for free entry under the temporary modifications established pursuant to the North American Free Trade Agreement. Subheading 9905.90.09 provides a free rate of duty for orthopedic or fracture appliances other than plaster bandage splints, surgical trusses and suspensory bandages or orthopedic abdominal supports (provided for in subheading 6115.12.10... or 9021.19).

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director

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