CLA-2-90:S:N:N3:119 810891

Mr. Marty Langtry
Tower Group International, Inc.
2400 Marine Avenue
Redondo Beach, CA 90278-1103

RE: The tariff classification of cataract scalpels from Japan

Dear Mr. Langtry:

In your letter dated May 19, 1995, you requested a tariff classification ruling on behalf of Oasis Medical, Inc., Glendora, CA.

The four instruments to be imported are a tunnel blade scalpel, a keratome scalpel, a wound enlargement scalpel and a groove blade scalpel. All four scalpels have stainless steel blades with aluminum handles and measure approximately 4.5 inches in length. They are nonelectric hand instruments designed for and used exclusively in cataract surgery.

The applicable subheading for the cataract scalpels will be 9018.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ophthalmic instruments and appliances and parts and accessories thereof. The rate of duty will be 8 percent.

The cataract scalpels described above are eligible for free entry under the provision for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons... other, in subheading 9817.00.96, HTS. All applicable entry requirements must be met including the filing of form ITA-362P. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport