CLA-2-90:S:N:N3:119 812076
Mr. Leonard M. Fertman
2049 Century Park East, Suite 1800
Los Angeles, CA 90067
RE: The tariff classification, country of origin marking and
status under the North American Free Trade Agreement (NAFTA),
of Orthodontic Pliers from Mexico; Article 509
Dear Mr. Fertman:
In your letters dated June 8 and June 19, 1995 you requested
a ruling on the status of orthodontic pliers from Mexico under the
NAFTA. The request is being made on behalf of Ormco Corporation,
Glendora, CA.
The articles to be imported are orthodontic plier/cutters manufactured
in Mexico from stainless steel raw bar stock of U.S. origin. After
importation the orthodontic plier/cutters undergo heat treatment and some
finishing (including grinding), buffing and polishing operations.
The applicable tariff provision for the plier/cutters will be
9018.49.8040, Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for other instruments and appliances used in
dental sciences, and parts and accessories thereof... other. The general
rate of duty will be 3.8 percent.
The orthodontic plier/cutters, being made entirely in the territory of
the United States and Mexico using materials which themselves were
originating, will satisfy the requirements of HTSUSA General Note
12(b)(iii). The merchandise will therefore be entitled to a free rate of
duty under the NAFTA upon compliance with all applicable laws, regulations
and agreements.
In regard to the marking requirements, pursuant to B.1(b) of the
"Marking Rules" - Annex 311 of the NAFTA, the country of origin is Mexico.
We agree that the die stamping requirement for these types of instruments
does not apply to goods of a NAFTA country based on 19 CFR 134.43 (a) [4-1-
95 edition].
You state in your letter that the plier/cutters will be sold to the
ultimate purchaser in a box or in a heat sealed plastic container which
will bear one of the following markings:
(1) Assembled in Mexico from U.S. components
(2) Further processed in Mexico from U.S. materials
(3) Product of Mexico made from U.S. components
(4) Product of Mexico
Markings (1), (2) and (3) are inappropriate since they do not clearly
identify Mexico as the country of manufacture. The implication that the
pliers are assembled in Mexico from U.S. components is incorrect. Marking
(4), "Product of Mexico" is acceptable. Additional marking to indicate
that the steel used to manufacture the product is of American origin and
that the product is finished in the United States may be acceptable if it
is not worded in such a way as to confuse the ultimate purchaser. Please
note, the proposed removal of paragraph (e) from 19 CFR 134.43 was
published in the Federal Register Vol 60 No 87 of 5-5-95.
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