CLA-2-90:OT:RR:NC:N3:135
Ms. Luciene Regnery
Hologic, Inc.
250 Campus Drive
Marlborough, MA 01752
RE: The tariff classification of Introducer Localization Sets from Costa Rica
Dear Ms. Regnery:
In your letter dated June 21, 2022, you requested a tariff classification ruling.
Two Introducer Localization Sets were submitted for consideration. Item # ILS 0914-20 9G is an Introducer Localization Set for the ATEC 0914-20MR Breast Biopsy Device. Item # ILS 0914-12 9G is an Introducer Localization Set for the ATEC 0914-12MR Breast Biopsy Device. The ATEC Breast Biopsy Device (not part of this ruling request) is a vacuum-assisted biopsy device, also called breast biopsy needle or ATEC handpiece. The device primarily consists of a hollow needle with a side aperture and a sharpened inner cannula that rotates at high speeds and extends across the aperture to acquire targeted tissue into the aperture. Both sets are known as ATEC Introducer Localization Systems (ILS) and only differ in size. Each set is comprised of four sterile, single use components – an introducer stylet, an introducer sheath, a needle guide, and a localizing obturator. Each set is intended for use with the ATEC Breast Biopsy and Excision System comprised of an ATEC Breast Biopsy Device, appropriate console, and associate accessories when performing vacuum assisted breast biopsies. The sets are typically used as introducers with the breast biopsy needles to collect tissue for testing and diagnosis during an MRI breast biopsy. They are considered accessories of the breast biopsy needles.
You propose classification under subheading 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), as other instruments and appliances used in medical and surgical sciences. While we agree that the sets are classified in heading 9018, the provision for needles and the like and parts and accessories thereof provide a more specific description for them.
The applicable subheading for the Introducer Localization Sets will be 9018.39.0050, HTSUS, which provides for “[i]nstruments 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: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: [o]ther: [o]ther.” 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 https://hts.usitc.gov/current.
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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack Director National Commodity Specialist Division