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The tariff classification of “EarFold” from an undisclosed country
Issued May 9, 2017 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN2 N285490 (May 9, 2017)
Tariff classification
HTS codes: 9021.90.8100
Headings: 9021
Product description
” In your submission, you have described the product at issue as a small implantable device made from a short strip of highly elastic nitinol metal alloy, which is specifically designed to retain a preset shape. Following injection of a local anesthetic, “EarFold” is inserted under the skin using an introducer and works by gripping the cartilage of the ear, enhancing or creating the shape of the anti-helical fold, thereby reducing the prominence of the ear.
CBP rationale
The applicable subheading for “EarFold” will be 9021.90.8100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Other: Other.
Full text
N285490 May 9, 2017 CLA-2-90:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 9021.90.8100 Ms. Marjorie G. McIntyre Allergan 2525 Dupont Drive Irvine, CA 92620 RE: The tariff classification of “EarFold” from an undisclosed country Dear Ms. McIntyre: In your letter dated April 18, 2017, you requested a tariff classification ruling on “EarFold.” In your submission, you have described the product at issue as a small implantable device made from a short strip of highly elastic nitinol metal alloy, which is specifically designed to retain a preset shape. Following injection of a local anesthetic, “EarFold” is inserted under the skin using an introducer and works by gripping the cartilage of the ear, enhancing or creating the shape of the anti-helical fold, thereby reducing the prominence of the ear. The applicable subheading for “EarFold” will be 9021.90.8100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Other: Other. The general 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 https://hts.usitc.gov/current. 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 Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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