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NY C87506

June 1, 1998

CLA-2-90:RR:NC:MM:105 C87506


TARIFF NO.: 9021.19.8500

Mr. David Murphy
Grunfeld, Desiderio, Lebowitz and Silverman 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

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

Dear Mr. Murphy:

In your letter dated May 6, 1998, for Sybron Dental Specialties and Ormco Corporation, you requested a ruling on the status of dental eaches from Mexico under the NAFTA.

The eaches are thin, individual, stainless steel brackets, about .15 inch by .15 inch in size. You state that they are made from steel wire, which may be of non-NAFTA origin and which were formed in the USA into the sample thin hoops which are about .15 inches high and 2 inches in diameter. The non-NAFTA wire, if any, is classifiable in HTS Chapter 72, and the hoops are classifiable in a heading of Chapter other than 7318. In Mexico, the hoops are cut and further shaped into the eaches. The eaches are tumbled and finished in the USA and packed into small plastic boxes for sales to the ultimate consumers, orthodontists. The tumbling and finishing in the USA makes only a slight change in the eaches, per our examination of the samples you submitted.

The applicable tariff provision for the eaches will be 9021.19.8500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, inter alia, parts and accessories of orthopedic appliances. The general rate of duty will be 1.2 percent ad valorem.

Each of the non-originating materials, if any, used to make the eaches has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/90.47. The eaches will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

You also asked us to determine the correct country of origin. We agree that the change required by CR 102.20 takes place so the country of origin is Mexico.

This ruling letter is binding only as to the party to whom this ruling is being issued and may be relied on only by that party.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Sheridan at 212-466-5669.


Robert B. Swierupski

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