The tariff classification of X-ray tube units and inserts from Mexico

NY H82831 June 29, 2001 CLA-2-90:RR:NC:MM:105 H82831 CATEGORY: Classification TARIFF NO.: 9022.30.0000 Mr. Spiro Karras Sandler & Travis Trade Advisory Services 38345 Ten Mile Road Farmington Hills, MI 48335 RE: The tariff classification of X-ray tube units and inserts from Mexico Dear Mr. Karras: In your letter, dated June 19, 2001, for General Electric Medical Systems, you requested a tariff classification ruling. Per your letter and information sheets on the tube units, a tube unit consist of a tube insert, which is the actual producer of the X-rays and which wears out relatively quickly, and the casing and other ancillary, longer lasting items, i.e., safety circuit, cooling assembly, stator coil, electrical connector receptacles, and dielectric oil. The inserts have an anode and a cathode in an evacuated glass tube and they “represent approximately 50-60 percent of the complete X-ray tube unit...” The inserts, per se, are well described by Harmonized System Explanatory Note III-A (X-ray tubes) to HS 9022 so we agree that are unfinished X-ray tubes per General Rule of Interpretation 2-a. We therefore agree that the applicable subheading for both the tube inserts and the tube units will be 9022.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for X-ray tubes. The general rate of duty will be 0.9 percent ad valorem. Since both imports, in operation, will emit, or in the absence of effective shielding would emit, an ionizing electromagnetic radiation, it is considered an "Electronic Product". See 21 CFR ( the Food and Drug Administration Regulations), Chapter 1, Subchapter J (Radiological Health), Part 1000 (General). Per Custom Regulation 12.91-b, you must file with Customs at the port of entry of any shipments of this import two copies of a declaration, verified by the importer of record, on FDA Form FD 2877, concerning the import`s compliance with the FDA requirements. If you need further information concerning the FD 2877 or the FDA requirements, we suggest you contact the FDA, Center for Devices and Radiological Health, 9200 Corporate Boulevard, Rockville, MD 20850. As of August of 1998, its Division of Small Manufacturers Assistance can be telephoned at 301-443-6597. 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