CLA-2-90:R:N4:119 A85154
Mr. Jack Flynn
Rudolph Miles & Sons, Inc.
P.O. Box 11057
El Paso, TX 79983
RE: The tariff classification and status under the North American
Free Trade Agreement (NAFTA), of an Endoscopic Multifeed
Stapler from Mexico; Article 509
Dear Mr. Flynn:
In your letter dated July 2, 1996 you requested a ruling on
the status of an Endoscopic Multifeed Stapler from Mexico under the
NAFTA. The request is being made on behalf of Ethicon Endo
Surgery, Inc., Cincinnati, OH 45242.
Based on the information you have furnished, the article to be imported
is a disposable stapler used in endoscopic surgery. It consists of a hand
actuated handle/trigger assembly and a 14.75 inch tube assembly. Inside
the tube is a cartridge assembly which feeds, forms, and ejects formed
staples from the end of the tube.
The stapler is assembled in Mexico from about 20 parts, all of U.S.
origin. The basic assembly operations that take place in Mexico include
manual assembly, ultrasonic welding, leak testing, instrument functional
testing, cleaning and packing.
The applicable tariff provision for the Endoscopic Multifeed Stapler
will be 9018.90.8000, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for instruments and appliances used in
medical, surgical, dental or veterinary sciences... parts and accessories
thereof... other. The general rate of duty will be 4.7 percent.
Since the components used to manufacture the product are of U.S. origin,
the Endoscopic Multifeed Stapler 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.
If you have any questions pertaining to this matter, please contact
National Import Specialist Jacques Preston of this office at (212) 466-
5488.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division