CLA-2-90:OT:RR:E:NC:N1:105
Ms. Barbara Fitzpatrick
Bausch & Lomb Inc.
1400 N. Goodman St.
Rochester, NY 14609
RE: The tariff classification of a Stellaris cataract surgical system and a foot pedal from the United States of America
Dear Ms. Fitzpatrick:
In your letter dated May 12, 2008, you requested a tariff classification ruling. No sample was provided.
You state:
“The Stellaris system is a microincision cataract surgical system used by surgeons to perform ophthalmic microsurgery procedures. The system allows the ophthalmic surgeons to use its modules to conduct a safe and minimally invasive cataract surgery. The system is approximately 63 inches in height, with a width of 17.62 inches, and a depth of 17.89 inches.
The system includes a Graphic User Interface screen that enables the surgeon to visualize and access the key functions with a simple touch. The state of the art technology of the system allows the ophthalmic surgeon to choose the type of surgical procedures and technique parameters such as standard coaxial, micro-coaxial, or biaxial phaco procedures. The system also has a wireless foot pedal that allows the surgeon to have hands free control of the system’s surgical parameters during the surgical procedure.”
We agree that the applicable subheading for the complete unit will be 9018.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other" ophthalmic instruments and appliances and parts and accessories thereof. The general rate of duty will be Free. .
Regarding a separately imported foot pedal, we are returning your request for a ruling, and any related samples, exhibits, etc. Note 2-a to HTSUS Chapter 90 requires that separately imported parts and accessories are in all cases to be classified in a heading of Chapters 84, 85, 90, or 91 (with three unrelated exceptions), if any, which includes them, per se. We need additional information in order to issue a ruling. Please submit the information described below:
Please provide a sample or descriptive literature on the function(s) of the foot pedal.
Please explain in detail how and what the foot pedal controls, in the Stellaris Vision Enhancement System.
Please explain what is meant by hands free control of the system’s surgical parameter during surgical procedure. What are the surgical parameters, and how does the foot pedal control them?
Describe in layman terms exactly what in the vision enhancement system is this foot pedal controlling.
Please list all of the types of control functions that this foot pedal can control.
Since you mentioned that this foot pedal can operate in a wired or wireless manner, please explain where this device would operate as wired as opposed to wirelessly.
Is the foot pedal used for mechanical or electrical control?
Does it control the flow of electricity, air, pressure, or other? Please explain how it performs these functions.
Does this foot pedal operate as an infrared or radio frequency or other device? Please explain.
Can this foot controller be used on any other type of machine, or is it specifically designed to only work on the Stellaris Vision Enhancement System?
Please list all of the material components of the foot pedal.
Is the foot pedal transmitting a signal or controlling the signal? Please explain your answer in detail.
Is the foot pedal functioning as a switch?
Is it controlling a simple function or a complex function?
If you decide to resubmit your request regarding the pedal, 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. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.
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 foot pedal information requested, contact National Import Specialist L. Cariello at 646-733-3014. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division