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NY 898450




June 24, 1994

CLA-2-90:S:N:N3:119 898450

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000; 9817.00.96

Mr. John S. Rode
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of surgical instruments from Great Britain and Germany

Dear Mr. Rode:

In your letter dated May 26, 1994 you requested a tariff classification ruling on behalf of DePuy Inc., Warsaw, Indiana.

The articles to be imported are surgical instruments used in hip replacement operations. The instruments you describe in your letter are the following.

Femoral Rasp/Trials - They are trial femoral stems with parallel cutting edges used in the final preparation of the femoral cavity.

Trial Stems and Heads - Used in the final fitting of the permanent stem and head.

Rasp/Trial Introducer - Used to hold rasp/trial and trial stems for insertion in and removal from the femoral cavity.

Acetabular Instruments: Cups and Socket Holders and Guides - Used to position the acetabular cups in the prepared pelvic socket, to check for proper fit, and to hold the socket or cup in position for attachment to the acetabulum.

Acetabular Preparation Drills - Used to drill into the acetabulum so that the cup may be properly situated in the pelvic socket.

Screws for Expanding Reamers - Used as replacement parts.

The applicable subheading for the Femoral Rasp/Trials, the Trial Stems and Heads, the Rasp/Trial Introducer, the Cup and Socket Holders and Guides, and the Acetabular Preparation Drills will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences... other. The duty rate will be 7.9 percent.

Based on the information you have furnished, the above instruments (screws not included) are dedicated for use in the hip replacement operation. They are therefore eligible for free entry under subheading 9817.00.96, HTS, which provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons... other. All applicable entry requirements must be met including the filing of form ITA-362P.

Your inquiry does not provide enough information for us to give a classification ruling on the Screws for Expanding Reamers. Your request for a classification ruling should include samples.

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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