The tariff classification of surgical equipment from England

PD C89915 August 5, 1998 CLA-2-90:TC:MLL:A15 C89915 CATEGORY: Classification TARIFF NO.: 9018.90.8000; 9817.00.96 Mr. James C. Alberdi A.J. Arango, Inc. 1516 E. 8th Ave. Tampa, Florida 33605 RE: The tariff classification of surgical equipment from England Dear Mr. Alberdi: In your letter dated June 23, 1998, on behalf of Corin U.S.A., you requested a tariff classification ruling. Descriptive literature and drawings of bone cutting guides, bone reamers, bone rasps, implant trials and sizers, and implant introducers were submitted. All the instruments described are designed only for measuring and fitting a particular manufacturer's line of artificial implants. The bone cutting guides allow the surgeon to shape the bone to the exact dimensions to fit a type of implant. The bone reamers are use to reshape the interior cavity of bones prior to installation of implants. Bone rasps cut the internal areas of bones and are used in trial fitting of replacement joints. Implant trials and sizers are used to fit implants in order to reduce the risk of contaminating the sterile implant itself. Implant introducers guide the implant screws into place. Use of these surgical tools permit a high degree of precision in measurement, preparation, and fitting. Their use also eliminates the need to try for size different implants thus also reducing contamination. The applicable subheading for the bone cutting guides, bone reamers, bone rasps, implant trials and sizers, and implant introducers will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences,...Other... Other:Other . The general rate of duty for item 9018.90.8000 is 1.6 percent ad valorem. Articles specially designed or adapted for the use or benefit of the blind or other physically handicapped persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially adapted for use in those items may also be classifiable in 9817.00.96 HTS. Noting that these tools are used exclusively with the models of implants whose introduction they are designed to facilitate and the decision of the Court of Appeals, Federal Circuit in 89-1693, these tools are classifiable in 9817.00.96 HTS free of duty. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Robert M. Jacksta Port Director, Washington, D.C.