CLA-2-90:S:N:N1:119 869756
Mr. Jack Flynn
Rudolph Miles & Sons
P.O. Box 11057
El Paso, Texas
RE: The tariff classification of a Trocar assembled in Mexico
Dear Mr.Flynn:
In your letter dated December 9, 1991, you requested a
tariff classification ruling on behalf of Johnson & Johnson
Medical, Inc.
The sample you furnished is a spring operated instrument used
to puncture body parts and organs. It measures approximately 7
1/2 inches in overall length and consists of a sharp pointed
trocar in a safety shield with a handle attached, and a sheath
assembly. The spring loaded trocar is activated by pressing it
against the patient's body. After penetration, the trocar is
removed and the sheath (tube) remains in the body for further
medical procedures.
The applicable subheading for the Trocar will be
9018.90.8000, Harmonized Tariff Schedule of the United States
(HTS), which provides for instruments and appliances used in
medical, surgical, dental or veterinary sciences... other. The
rate of duty will be 7.9 percent
You have indicated that all the parts used in the Trocar are
of U.S. origin and undergo no further manufacturing in Mexico
prior to assembly. Based on that information, the American
components would be eligible for duty exemption under subheading
9802.00.8060, HTS, which provides for articles assembled abroad
in whole or in part of fabricated components, the product of the
United States, which (a) were exported in condition ready for
assembly without further fabrication, (b) have not lost their
physical identity in such articles by change in form, shape or
otherwise, and (c) have not been advanced in value or improved in
condition abroad except by being assembled and except by
operations incidental to the assembly process such as cleaning,
lubricating and painting.
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.
The sample is being returned as requested.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport