CLA-2-90:OT:RR:NC:4:405
Mr. Gregory Panek
SDV (USA) Incorporated
10700 Waveland Avenue
Franklin Park, IL 60131
RE: The tariff classification of endomicroscopes from France
Dear Mr. Panek:
In your letter dated February 4, 2013, on behalf of your client Mauna Kea Technologies, you requested a tariff classification ruling. No samples were provided.
From the Mauna Kea Technologies information which you supplied, the Cellvizio 488/660 is a “probe-based Confocal Laser Endomicroscope (pCLE) designed for in vivo imaging in small animals.” You explain further, “(The) laser beam is transmitted through thousands of fiber-optics grouped together into miniaturized objective lens for a high resolution imaging. Cellvizio lab fills in the gap that exists between other preclinical imaging tools by offering cellular to subcellular images of any tissue by simple contact. The instrument has been adopted by a growing researchers community worldwide, who use it for numerous applications, including neuroscience, angiogenesis, functional imaging and more.”
The Dual Band differs from the 488/660 primarily in that lasers of two different wavelengths can be used. It is also described as minimally invasive for the animal that is being examined.
They are similar to the Cellvizio in Situ Cellular Imaging System in New York Ruling Letter N052415 - 105, dated March 13, 2009.
Headquarters Ruling Letter 962858 – GOB, dated January 23, 2001, discussed the interpretation of Apparatus for function exploratory examination.
We agree that the applicable subheading for the Cellvizio Dual Band and 488/660 will be 9018.19.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters); parts and accessories thereof: Apparatus for functional exploratory examination, and parts and accessories thereof. The rate of duty will be Free.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division