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.


Jean F. Maguire
Area Director
New York Seaport