CLA-2-90:RR:NC:N1:105 I82642
Mr. Steve Janin
Future Medical Systems
504 McCormick Drive
Glen Burnie, MD 21061
RE: The tariff classification of 5 medical related items from France
Dear Mr. Janin:
In your letter dated May 28, 2002, you requested a tariff classification ruling.
You stated FMS 4190, Interface Cable, and FMS 4503, Irrigation, are re-submissions of items returned to you for further information. You enclosed a copy of NYRL H89325-105, 4-3-02.
The interface cable, FMS Ref. 4190, consists of an insulated electric cable with connectors at each end. It is used between a foot control and an arthroscopic fluid management device.
You state that the sample FMS 4503 is a “Tube used to bring water to the surgical site during arthroscopic surgery.” The sample is in a sterile plastic bag, and consists of several lengths of plastic piping joined to each other and to a cylindrical plastic bottle with volume markings via various fittings. It is used in conjunction with electrical pumping devices, but it is medical apparatus in itself, noting especially Headquarters Ruling Letter 958098 KCC, 12-1-95. You propose classification in HTS 9018.19.95, but its function is essentially active, not diagnostic.
The 4-way Foot Pedal, FMS Ref. 4176, is used to control the pressure and flow of the arthroscopic fluid management device.
You state that the sample FMS 7510, Shaver Blade, is a “Metal stainless steel tube to cut soft tissue in cavity during surgery.” Like the FMS 4503, it appears it will be used in conjunction with electrical devices, but it is medical apparatus in itself. Its unusual configuration, materials, and high cost of approximately $50 to the end user identify it as a medical instrument. The serrated inside edge for cutting makes this item akin to a surgical scalpel. You propose classification in HTS 9018.39.00, but while it is a tubular metal piece, its function is more tied to cutting instead of fluid delivery or removal, which is the essential function of catheters and cannulae.
You state that the sample FMS 6724, PLLA Screw, in a sterile bag, is a “Bioresorbable interference screw used in ACL reconstruction to attach the Anterior Cruciate Ligament for the tibia and fibia.” Its unusual shape, the fact that it is bioresorbable and sterile, and its high cost of approximately $49 to the end user identify it as screws and other internal fixation devices as opposed to the plastic screws excluded from Chapter 90 by its Note 1-f.
The applicable subheading for the interface cable, FMS Ref. 4190, will be 8544.51.9000, HTS, which provides for other electric conductors for a voltage exceeding 80 V but not exceeding 1,000 V: Fitted with connectors: Other: Other. The rate of duty will be 2.6 percent ad valorem.
The applicable subheading for the FMS 4503 and 7510 will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances used in medical, surgical, dental, or veterinary sciences. The rate of duty will be free.
The applicable subheading for the 4-way Foot Pedal, FMS 4176, will be 8537.10.9070, HTS, which provides for other boards, panels, and other bases for electric control or the distribution of electricity for a voltage not exceeding 1,000 V. The rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the FMS 6724 will be 9021.10.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Bone plates, screws and nails, and other internal fixation devices or appliances. The rate of duty will be free
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