CLA-2-90 OT:RR:NC:N2:235
Mr. Jessee Hunt
4WEB Medical, Inc.
6170 Research Road
Suite 219 Frisco, TX 75033
RE: The tariff classification of interbody fusion devices from the Netherlands.
Dear Mr. Hunt:
In your letter dated August 24, 2015, but received by this office on October 13, 2015, you requested a tariff classification ruling. No samples were provided.
You have requested a classification for a Cervical Spine Truss System Interbody Fusion Device (Cervical STS), an Anterior Lumbar Interbody Fusion Device (ALIF STS), a Posterior Lumbar Interbody Fusion Spine Truss System (PLIF STS), an Oblique Transforaminal Lumbar Interbody Fusion Device Spine Truss System (OLIF STS) and a Transforaminal Lumbar Interbody Fusion Device Spine Truss System (TLIF STS). The Interbody Fusion Devices are titanium implants that are designed to provide mechanical support to the spine while biologic fusion takes place. The devices are implanted by surgeons in patients with degenerative disc disease and are intended to facilitate fusion of one or two contiguous levels in the lumbar spine. The devices have an “open architecture” design consisting of trusses designed to provide maximum support with the greatest amount of open space throughout the implant for bone growth and fusion.
The applicable subheading for the Cervical STS, the ALIF STS, the PLIF STS, the OLIF STS, and the TLIF STS will be 9021.10.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Orthopedic appliances, including crutches, surgical belts…which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories therof: Orthopedic and fracture appliances, and parts and accessories thereof: Bone plates, screws and nails, and other internal fixation devices or appliances.” The general 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 Kimberly Praino at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division