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NY A83400




May 24, 1996

CLA-2-90:R:N4:119 A83400

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.6000

Ms. Patricia A. Treshinsky
Thyssen Haniel Logistics Customs Brokers, Inc. 135 Bremen Street
East Boston, MA 02128

RE: The tariff classification of a Trans-Urethral Microwave Thermotherapy Apparatus from France

Dear Ms. Treshinsky:

In your letter dated March 27, 1996 you requested a tariff classification ruling on behalf of Edap Technomed Inc., Cambridge, MA.

The merchandise to be imported is a Trans-Urethral Microwave Thermotherapy Apparatus marketed under the name Prostatron. It is used to reduce prostatic obstruction by delivering a controlled dose of microwave energy to the prostate. Prostate cells are selectively destroyed by therapeutic levels of heating.

The Prostatron consists of a Treatment Module, a Control Module and a Microwave Delivery System. The Treatment Module includes a solid-state generator and power supply, a cooling system, a patient support and various controls and measuring devices. The Control Module includes treatment planning and data acquisition capabilities, a high resolution color monitor, and a color printer. The Microwave Delivery System includes a microwave catheter integrating the antenna, cooling system and fiberoptic thermosensor, and a rectal probe linked to the microwave catheter with three additional fiberoptic thermosensors.

The applicable subheading for the complete Prostatron and for the Treatment Module and the Microwave Delivery System when imported separately will be 9018.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for electro-surgical instruments and appliances... all the foregoing and parts and accessories thereof. The duty rate will be 4.7 percent.

Your request for a ruling does not provide enough information for us to classify the Control Module when imported separately. We need to know if the computer driven control module incorporates an off-the-shelf work station (processor, keyboard, monitor and printer) that meets the definition of a digital processing unit as per Legal Note 5(A) to Chapter 84. We also need a full description of the components of this control/computer section.

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director

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