The tariff classification of two laser based apparatus and parts thereof from China.

N146497 February 24, 2011 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.90.7560, 9018.49.8080 Yasmin Wadia Laser Tissue Welding, Inc.5510 Atascocita Road, Suite 210 Humble, TX 77346 RE: The tariff classification of two laser based apparatus and parts thereof from China. Dear Ms. Wadia: In your letter dated February 3, 2011, you requested a tariff classification ruling and also for marking and country of origin. No samples were provided. In your submission you list what you describe as two medical lasers undergoing FDA approval. One, the Velas60, is a 60 watt 808 nanometer (nm) diode laser; the other, the Cheese™, is a 7 watt (optional 10 watt) 808nm and 980nm diode laser. You state that both items are used for “Laser tissue welding.” However, while the attached 36 page User Manual for the Velas60 states, in its introduction, that it is a high power medical diode laser system whose intended use will be in surgical operations such as tissue cutting, tissue vaporization, and concreting, the Cheese™ is described as a 7 watt (optional 10 watt) mini dental diode laser system that serves as “a compact and efficient dental laser for soft tissue therapy,” as stated in www.gigaalaser.com/cheese/index.html. Both contain very powerful, Class 4 lasers. Both have integral controls, etc. which make them readily “identifiable as… medical apparatus” and thus excluded from HTSUS 9013 as a laser, per se, noting Harmonized System Explanatory Note 2 to 9013. Regarding the “accessories,” which you state are “the foot-switch and fiber-optic handpiece,” they are included in the packing lists that you included for the systems. Imported with the main system which they will be used with, they are classified in the same subheading. Regarding the country of origin, you only indicate that both are manufactured by Wuhan Gigaa Optronics Technology in the People’s Republic of China. You do not indicate that any non-Chinese components were used in their manufacture. On that basis, the country of origin of your imports will be China.You have not provided a sample of the marked items so we can only note that the country of origin marking must be legible, indelible and permanent per Customs Regulation 134.41. The applicable subheading for the Velas60 will be 9018.90.7560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Therapeutic Electro-medical instruments and appliances. The rate of duty will be free. The applicable subheading for the Cheese™ will be 9018.49.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" instruments and appliances, used in dental sciences, and parts and accessories thereof. The rate of duty will be 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