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NY B82536

March 10, 1997

CLA-2-90:RR:NC:1:119 B82536


TARIFF NO.: 9018.90.6000

Mr. Michael Mcgee
Fritz Companies, Inc.
8445 Gran Vista Drive
El Paso, TX 79907

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an electro-surgical instrument from Mexico; Article 509

Dear Mr. McGee:

In your letter dated February 7, 1997 (received February 25 by this office) you requested a ruling on the status of an electro-surgical instrument from Mexico under the NAFTA. The request is being made on behalf of Ethicon Endo Surgery, Inc., Cincinnati, OH.

The article to be imported is basically a handle with a power cord, switches and two short plastic tubes extending from the handle. This handle can be used with nine interchangeable shafts to perform various surgical procedures such as dissection, ablation, coagulation, suction and irrigation. The surgical handle is assembled in Mexico from over 20 parts that are all of U.S. origin. The surgical handle is marketed under the name "Probe Plus II".

The applicable tariff provision for the electro-surgical handle will be 9018.90.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for electro-surgical instruments and appliances... all the foregoing and parts and accessories thereof... other. The general rate of duty will be 3.2 percent.

Since the components used to manufacture the product are of U.S origin, the electro-surgical handle 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.

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


Robert B. Swierupski
Chief, Metals & Machinery Branch

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