CLA-2-85:OT:RR:NC:N1:108
Mr. Stuart Seidel
Baker & McKenzie LLP
815 Connecticut Ave. NW
Washington, DC 20006
RE: The tariff classification of a foot control from an unknown country
Dear Mr. Seidel:
In your letter dated August 24, 2001, on behalf of Bausch & Lomb, Inc., you requested a tariff classification ruling.
The merchandise in question is a Foot Control for the Stellaris cataract surgical system. This Foot Control enables a surgeon to remotely control most of the functions of the Stellaris system from a distance by means of radio frequencies. This radio remote control, which contains a rechargeable battery, has four buttons and a center foot pedal which has two axes of movement to wirelessly control two linear functions simultaneously.
In your submission you suggest classification of the Foot Control in subheading 9018.50.0000, HTSUS, which provides for “other” ophthalmic instruments and appliances and parts and accessories thereof. Customs has previously determined that the complete Stellaris cataract surgical system with which the Foot Control was designed to be used was classified in subheading 9018.50.0000, HTSUS, specifically in New York Ruling Letter N028207, dated June 5, 2008. However, Note 2(a) to Chapter 90 indicates that separately imported parts and accessories which are goods included in any of the headings of Chapters 84, 85, 91, or elsewhere in 90 are in all cases to be classified in their respective headings. Based on the information you provided, the Foot Control is included in one of those headings, and thus is not classifiable in subheading 9018.50.0000, HTSUS.
The applicable subheading for the Foot Control will be 8526.92.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus. The rate of duty will be 4.9 percent ad valorem.
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 Lisa Cariello at (646) 733-3014.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division