The tariff classification of angiographic catheters exported from Mexico

N178245 August 26, 2011 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.39.00 Dan Clark Merit Medical Systems, Inc. 1600 West Merit Parkway South Jordan, UT 84095 RE: The tariff classification of angiographic catheters exported from Mexico Dear Mr. Clark: In your letter dated August 1, 2011, you requested a tariff classification and country of origin marking ruling. A sample in its packaging was provided. The import from Mexico will be a Performa Angiographic Catheter, per its packaging. The sample is a thin, flexible tube which is several feet long and which has a connector at one end and a right angle tip at the other. You indicate that it will be sent to ultimate purchasers as is except for sterilization in the United States. You do not give any explanation of it function, but we take it that it is similar to the description at www.radiologyinfo.org/en/info.cfm?pg=angiocath, i.e.: “In catheter angiography, a thin plastic tube, called a catheter, is inserted into an artery through a small incision in the skin. Once the catheter is guided to the area being examined, a contrast material is injected through the tube and images are captured using a small dose of ionizing radiation…” The applicable subheading for the Performa Angiographic Catheter will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Bougies, catheters, drains and sondes and parts and accessories thereof. The rate of duty will be free. You also asked if the import may be marked “Assembled in Mexico,” citing Customs Regulation (CR) 134.43-e. As indicated by that CR, a decision must first be made that the country of origin of the import is Mexico. In this case, you indicate that all the components, including the tubing which will be cut in Mexico, are “U.S. manufactured components.” We note that the sample is marked Made in USA. Whether or not we determine the import is a product of the United States under the Customs regulations, the decision of whether or not an import can be marked Made in USA is made by the Federal Trade Commission. Regarding your marking request, we are returning your request for a ruling and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below: The NAFTA origin shift rule for 9018.39 in CR 102.20 – q has an exception for surgical tubing of subheading 4009.10 (currently 4009.11) when resulting from a simple assembly. Classification in 4009.11 cannot apply to the tubing sent from the United States to Mexico if it is not made of vulcanized rubber other than hard rubber. What is the exact composition of the material of the tubing? Exactly how was the material made? Please include a statement that there are, to your knowledge, no issues on the commodity pending before Customs or any court. Also include a statement as to whether marking advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any. If you decide to resubmit your request regarding marking, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 http://www.usitc.gov/tata/hts/. 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 J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division