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NY 865975

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August 30, 1991

CLA-2-90:S:N:N1:119 865975

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.7060

Ms. Connie Hagarman
The A.W. Fenton Company Inc.
1157 Rarig Avenue
Columbus, OH 43219-2357

RE: The tariff classification of an Electron Beam Laser from the U.S.S.R.

Dear Ms. Hagarman:

In your letter dated August 1, 1991, you requested a tariff classification ruling on behalf of Laser Medical Research Foundation, Columbus, Ohio.

The apparatus is described in your letter and attached literature as an Electron Beam Pumped Semiconductor Laser Quantoscope (EBPSLQ). It is used to treat malignant tumors with focused scanned laser beams. Based on additional information furnished, this medical treatment is performed without any surgical incision. The laser beams are aimed through the patient's epidermis to produce photochemical effects in the malignant tissue.

The applicable subheading for the EBPSLQ will be 9018.90.7060, Harmonized Tariff Schedule of the United States (HTS), which provides for Electro-medical instruments and appliances and parts and accessories thereof: other. The general most-favored-nation rate of duty is 4.2 percent. However, since the EBPSLQ will be imported from the U.S.S.R., the column 2 duty rate of 35 percent will apply to the merchandise.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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