CLA-2 CO:R:C:M 955837 LTO
Mr. Paul E. Linet
360 Massachusetts Avenue
Suite 105
Acton, Massachusetts 01720
RE: Needle assembly; Direct-view scope; Videoendoscope assembly;
parts; HQ 952672; HQ 953652; HQ 955076
Dear Mr. Linet:
This is in response to your letter of October 14, 1993, on
behalf of Henke Sass Wolf of America, requesting the classification
of a needle assembly, direct-view scope and videoendoscope assembly
under the Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The articles in question are a needle assembly, direct-view
scope and videoendoscope assembly. The needle assembly, which is
a component for a rigid videoendoscope, consists of a fully
assembled outer tube assembly with lenses and connectors. The
direct-view scope is a needle assembly with an eyepiece and
ocular. The videoendoscope assembly consists of a needle assembly
and a focusing assembly, rather than an eyepiece and ocular. The
focusing assembly is comprised of movable coupling lenses, a
focusing ring and mechanical couplings.
ISSUE:
Whether the needle assembly, direct-view scope and
videoendoscope assembly are classifiable under subheading
9002.19.00, HTSUS, which provides for other mounted objective
lenses.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS - 2 -
govern the classification of goods in the tariff schedule. GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and any
relative section or chapter notes . . . ."
In PC 871835, issued to Henke Sass Wolf of America, on April
8, 1992, by the District Director of Customs, Portland, Maine, the
classification of various medical endoscope parts and accessories
was provided. This ruling was modified in HQ 952672, dated May 6,
1993, and HQ 955076, dated December 20, 1993.
In HQ 952672, Customs modified a portion of PC 871835
concerning the classification of outer tube sub-assemblies for
videoendoscopes. We held that the outer tube sub-assemblies were
classifiable as parts for other mounted objective lenses, under
subheading 9002.19.00, HTSUS, rather than as other parts and
accessories of medical instruments and appliances under subheading
9018.90.20, HTSUS.
This ruling led to our decision in HQ 955076, where we again
modified a portion of PC 871835. This modification concerned the
classification of various components of needle assemblies for
videoendoscopes. Needle assemblies consist of the outer tube sub-
assembly which was the subject of HQ 952672, a complete set of
lenses and various mechanical pieces. Thus, in accordance with HQ
952672, we held that the components (optical tubes, sleeves,
sidearms, adapters, collar, field stops and spacers) were
classifiable as parts for other mounted objective lenses, under
subheading 9002.19.00, HTSUS, rather than as parts of medical
instruments and appliances, under subheading 9018.90.20, HTSUS.
We also held that the lenses (ocular lens, negative lens, rod lens)
for the needle assemblies were classifiable as other unmounted
lenses under subheading 9001.90.40, HTSUS.
Your current request concerns the classification of three
further advancements of the outer tube sub-assembly, which was
classified as a part for a mounted objective lens in HQ 952672.
The needle assembly consists of a fully assembled outer tube sub-
assembly (outer tube sub-assembly with lenses and connectors), and
is therefore classifiable as a mounted objective lens under
subheading 9002.19.00, HTSUS. However, it is our opinion that the
direct-view scope and videoendoscope assembly cannot be classified
as mounted objective lenses under this subheading.
The direct-view scope consists of a needle assembly (a mounted
objective lens) with an eyepiece and ocular. The videoendoscope
assembly consists of a needle assembly (a mounted objective lens)
and a focusing assembly, which is comprised of movable coupling - 3 -
lenses, a focusing ring and mechanical couplings. The direct-view
scope and the videoendoscope assembly are not merely mounted
objective lenses, and are not, therefore, covered by the terms of
subheading 9002.19.00, HTSUS.
The direct-view scope connects to a camera coupler which
connects to a video camera. The camera coupler and camera are not
imported with the direct-view scope. The videoendoscope assembly
connects directly to a video camera, which is not a portion of the
importation in question. Because the direct-view scope and
videoendoscope assembly are components of complete, rigid
videoendoscopes, it is necessary to determine the classification
of the videoendoscopes.
In HQ 953652, dated April 13, 1994, we considered the
classification of complete, videoendoscope systems--the Olympus
EVIS 100 and OES TV System. We determined that various systems
incorporating endoscopes (with the exception of those incorporating
laparoscopes) were classifiable under subheading 9018.19.40, HTSUS,
which provides for electro-diagnostic medical apparatus for
functional exploratory examination. While we adhere to this
conclusion, it is necessary to clarify the basis for this
classification.
The various endoscopes incorporated into the videoendoscope
systems of HQ 953652 are principally used for diagnostic purposes.
If imported separately, the endoscopes would be classifiable under
subheading 9018.19.40, HTSUS. However, as imported, the EVIS 100
videoendoscope system includes a video system center, television
monitor and video tape recorder, while the OES TV System includes
a video camera head that attaches to a standard fiberscope (the
camera head relays the signals to a control center and onto a
television monitor and video tape recorder). These systems are
chapter 90, note 3, HTSUS, "functional units." The components of
the systems contribute to a clearly defined function covered by
heading 9018, HTSUS, and specifically, with the exception of those
systems incorporating laparoscopes, subheading 9018.19.40, HTSUS.
As the systems are classifiable according to GRI 1, it is not
necessary to resort to GRI 3(a).
With regard to the complete, rigid videoendoscopes at issue,
while they can be used for many types of procedures, they are
principally used for diagnostic purposes. The needle portion of
the direct-view scope and videoendoscope assembly cannot be fitted
with accessories, such as forceps, cytology brushes or biopsy
needles. Moreover, while the needle portion comes in various
sizes, all are used solely for viewing purposes. The complete,
rigid videoendoscopes, in accordance with HQ 953652, are
classifiable under subheading 9018.19.40, HTSUS. The direct-view
scope and videoendoscope assembly for these complete, rigid
videoendoscopes are classifiable as parts under subheading
9018.19.40, HTSUS. - 4 -
HOLDING:
The needle assembly is classifiable as a mounted objective
lens under subheading 9002.19.00, HTSUS. The corresponding rate
of duty for articles of this subheading is 6.6% ad valorem.
The direct-view scope and videoendoscope assembly are
classifiable as parts of electro-diagnostic medical apparatus for
functional exploratory examination under subheading 9018.19.40,
HTSUS. The corresponding rate of duty for articles of this
subheading is 7.9% ad valorem.
Sincerely,
John Durant, Director