The tariff classification of spinal fixation implants and surgical instruments

N068586 August 5, 2009 CLA-2-90:OT:RR:E:NC:4:405 CATEGORY: Classification TARIFF NO.: 9021.10.0050, 9018.90.8000 Esequiel Calderon Lanx, Inc. 390 Interlocken Crescent Suite 890 Broomfield, CO 80021 RE: The tariff classification of spinal fixation implants and surgical instruments Dear Mr. Calderon: In your letter dated July 14, 2009, you requested a tariff classification ruling. No sample was provided. In your submission you state: “The ‘Aspen Spinous Process System’ from Lanx Inc., is a posterior, non-pedicle fixation device for single level placement in surgical surgeries for the human spine. It is designed for plate attachment to the spinous processes to achieve supplemental fusion in patients who suffer from degenerative disc disease, spondylolisthesis, trauma and or tumor. The biocompatible FDA approved 3 part titanium assembly is intended for the sole use for surgical implantation.” You also state: “The Surgical Instrument Case hereby called a Set, includes multiple instruments for implantation of the Aspen assembly and is comprised of ALL-Medical Grade Stainless Steel within a Stainless Steel Case.” From the brochure pages you provided, the instruments in the surgical set are mostly manual instruments which resemble specialized tweezers, forceps, and torque screwdrivers put together for use by the orthopedic surgeon in implanting the vertebral support. We agree that the applicable subheading for the Aspen implants will be 9021.10.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Orthopedic and fracture appliances, which are Bone plates, screws and nails, and other internal fixation devices or appliances. The rate of duty will be free. We agree that the applicable subheading for the Aspen instrument set, imported separately, will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" instruments and apparatus used in medical, surgical, dental, or veterinary sciences, and parts and accessories thereof. The 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 http://www.usitc.gov/tata/hts/. 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