CLA-2-90:RR:NC:N1:105 H89325
Mr. Steve Janin
Future Medical Systems
504 McCormick Drive
Glen Burnie, MD 21061
RE: The tariff classification of 5 medical related items from France and Germany
Dear Mr. Janin:
In your letter dated March 1, 2002, for Future Medical Systems, you requested a tariff classification ruling. No samples were submitted. We assume all 5 items will be separately imported.
The first and main item is the 4575 arthoscopy fluid management and debridment shaver. It serves as a very elaborate, sterile, controlled pump, which enables the surgeon to precisely control both irrigation and suction. It includes a feature to temporarily increase the water flow into the patient, which is particularly useful when eliminating debris. It is powered by 110 V electric current. You propose classification in HTS 9018.19.95, but its function is essentially active, not diagnostic.
The 4190 is described as a “Dyonics Foot Control,” a “Shaver Interface,” and as an “Interface Cable Accessory.” You indicate you plan to use your imports to control the 4575 and propose classification in 9018.90.95. However, Note 2-a to HTS Chapter 90 requires, in almost all cases, that a part or accessory be classified in any Chapter 84,85, 90, or 91 heading which includes them per se, not as a part or accessory of another item.
. The 4503 is sterile irrigation tubing made of PVC plastic. It is apparently the tubing carrying the water output of the 4575 to the vicinity of the patient.
The 1025, High Flow Sheath, is a hollow tube of stainless steel with a built-in stopcock and obturator. Its diameter is 6 millimeters. The stopcocks are readily removable to make it “extremely easy to disassemble and clean.” It is inserted into the incision to provide irrigation liquid to the arthoscopic surgery site. The materials, features, and precision manufacturing are indicative of medical use. You propose classification HTS 9018.90, but 9018.31 through 9018.39 provides a more specific description.
The 1370, a Shaver Sterilization Tray, is a plastic autoclavable tray used in the sterilization of medical products, presumably including the 1025 Sheath. You propose classification in 9018.19.95. However, HTS 8419.20 provides for Medical, Surgical, or Laboratory Sterilizers.
The applicable subheading for the 4575 will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Electro-medical instruments and appliances and parts and accessories thereof. The rate of duty will be free.
The applicable subheading for the 1025 will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, Catheters, Cannulae, and the like. The rate of duty will be free.
Regarding 4190, 4503, and 1370, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:
Photographs, drawings or other pictorial representations of the items(s) or samples of each for any which weigh less than 2 pounds and cost less than $50.
Descriptive literature or a detailed explanation on the use of the item(s).
Descriptive literature or a detailed explanation on how the item(s) operate/function.
Approximate cost of each.
Specifically regarding the 4190, explain in detail the apparent contradiction between your description as a foot pedal and as an interface cable accessory.
Specifically regarding the 4503, Confirm that the material is PVC and state whether the tubing will be imported with any fittings. If so, what fittings?
Regarding the 4575 and 1025, 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,
Robert B. Swierupski
Director,
National Commodity
Specialist Division