CLA-2-90:S:N:N3:119 808498

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 Straight Archwires from Mexico; Article 509

Dear Mr. Fertman:

In your letter dated March 20, 1995, you requested a tariff classification ruling on behalf of Ormco Corporation, Glendora, CA.

The articles to be imported are straight archwires about 14 inches in length used in orthodontic work. They are partially manufactured in the United States from stainless steel wire of U.S. origin and finished in Mexico.

The applicable subheading for the straight archwires 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 stainless steel wire used to manufacture the product is of U.S. origin, the straight archwires 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport