The tariff classification of cutting pieces

NY F83245 March 15, 2000 CLA-2-90:RR:NC:MM:105 F83245 CATEGORY: Classification TARIFF NO.: 9018.90.7580 Mr. Dean Gannon NexTech International 1375 Willow Lake Boulevard Saint Paul, MN 55110 RE: The tariff classification of cutting pieces Dear Mr. Gannon: In your letters, dated January 6 and February 9, 2000, you requested a tariff classification ruling. The import, to be produced by Kaumho Company of Korea, is a piece of stainless steel that is shaped is a short, thin cylinder which is perfectly flat at one end but which widens at the other end into a slightly concave “pedestal” bottom. Although this end is not sharp to the touch, from your information it will be used to cut through and remove plaque deposits from clogged arteries. Since that is relatively soft material, a sharp cutting edge is not needed. You describe it as a “cutting blade”, but its shape is quite removed from that of ordinary blades, such as razor blades or knife blades. You have supplied the detailed specifications for the item. We take it that you are claiming that you or your client prepared them, which establishes that this is not an “off-the-shelf” item, but one made specifically for your purposes. You state, “We will answer your questions as best we can with the limited information provided by our customer.” You identify your customer as Vadnais Technologies. Per the flyer you have submitted they specialize in “Custom Coils and Wire Products for the Medical Industry” and have the same address as your firm. We therefore assume that you have, at minimum, a relatively close working relationship with this customer. You indicate that the import will be a relatively “expensive component.” The spec sheets do show that it is made to unusually precise tolerances. The unusual shaping does not suggest any use for the import, or other imports of the same class or kind, other than the one you cite. Especially since, per the catalog page, it is exposed in an assembled coronary atherectomy catheter, it is plausible that the import could be identified as a part of a medical device by a medical expert. Assuming that the final products made using the assembly that this import will be assembled into will routinely need electricity to perform an important function, the applicable subheading for this item will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, the parts and accessories of “other” electro-medical instruments and appliances. The general rate of duty will be free. 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 James Sheridan at 212-637-7037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division Pre-transmitted 3/13/2000 2:31 PM