CLA-2-90:OT:RR:NC:2:235
Mr. Wooyoung Park
Hoissen Inc.
85 Ben Fairless Drive
Fairless Hills, PA 19030
RE: The tariff classification of a dental implant part from China
Dear Mr. Park:
In your letter received August 25, 2016, you requested a classification ruling on a dental implant part. In your submission, you have described the product at issue as treaded bar that will be further manufactured by your company in the United States to produce a finished dental implant, which is intended to be used in professional practice by dentists.
The applicable subheading for the dental implant part will be 9018.49.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other instruments and appliances, used in dental sciences, and parts and accessories thereof: Other: Other: Other. The general rate of duty will be free.
You have also inquired about the country of origin marking for the imported dental implant part. The marking statute, section 304 Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country or origin marking requirements and exceptions of 19 U.S.C. 1304. Based on the scenario you describe in your letter, pursuant to 19 CFR 134.32 (g), the dental implant parts are excepted from marking. Your question whether the finished product may be labeled “Made in USA” should be directed to the Federal Trade Commission (FTC). Further guidance may be found on World Wide Web at https://www.ftc.gov/tips-advice/business-center/guidance/complying-made-usa-standard.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division