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HQ 955837





November 2, 1994

CLA-2 CO:R:C:M 955837 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 9002.19.00; 9018.19.40

Mr. Paul E. Linet
360 Massachusetts Avenue
Suite 105
Acton, Massachusetts 01720

RE: Needle assembly; Direct-view scope; Videoendoscope assembly; parts; HQ 952672; HQ 953652; HQ 955076

Dear Mr. Linet:

This is in response to your letter of October 14, 1993, on behalf of Henke Sass Wolf of America, requesting the classification of a needle assembly, direct-view scope and videoendoscope assembly under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The articles in question are a needle assembly, direct-view scope and videoendoscope assembly. The needle assembly, which is a component for a rigid videoendoscope, consists of a fully assembled outer tube assembly with lenses and connectors. The direct-view scope is a needle assembly with an eyepiece and ocular. The videoendoscope assembly consists of a needle assembly and a focusing assembly, rather than an eyepiece and ocular. The focusing assembly is comprised of movable coupling lenses, a focusing ring and mechanical couplings.

ISSUE:

Whether the needle assembly, direct-view scope and videoendoscope assembly are classifiable under subheading 9002.19.00, HTSUS, which provides for other mounted objective lenses.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS - 2 -
govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

In PC 871835, issued to Henke Sass Wolf of America, on April 8, 1992, by the District Director of Customs, Portland, Maine, the classification of various medical endoscope parts and accessories was provided. This ruling was modified in HQ 952672, dated May 6, 1993, and HQ 955076, dated December 20, 1993.

In HQ 952672, Customs modified a portion of PC 871835 concerning the classification of outer tube sub-assemblies for videoendoscopes. We held that the outer tube sub-assemblies were classifiable as parts for other mounted objective lenses, under subheading 9002.19.00, HTSUS, rather than as other parts and accessories of medical instruments and appliances under subheading 9018.90.20, HTSUS.

This ruling led to our decision in HQ 955076, where we again modified a portion of PC 871835. This modification concerned the classification of various components of needle assemblies for videoendoscopes. Needle assemblies consist of the outer tube sub- assembly which was the subject of HQ 952672, a complete set of lenses and various mechanical pieces. Thus, in accordance with HQ 952672, we held that the components (optical tubes, sleeves, sidearms, adapters, collar, field stops and spacers) were classifiable as parts for other mounted objective lenses, under subheading 9002.19.00, HTSUS, rather than as parts of medical instruments and appliances, under subheading 9018.90.20, HTSUS. We also held that the lenses (ocular lens, negative lens, rod lens) for the needle assemblies were classifiable as other unmounted lenses under subheading 9001.90.40, HTSUS.

Your current request concerns the classification of three further advancements of the outer tube sub-assembly, which was classified as a part for a mounted objective lens in HQ 952672. The needle assembly consists of a fully assembled outer tube sub- assembly (outer tube sub-assembly with lenses and connectors), and is therefore classifiable as a mounted objective lens under subheading 9002.19.00, HTSUS. However, it is our opinion that the direct-view scope and videoendoscope assembly cannot be classified as mounted objective lenses under this subheading.

The direct-view scope consists of a needle assembly (a mounted objective lens) with an eyepiece and ocular. The videoendoscope assembly consists of a needle assembly (a mounted objective lens) and a focusing assembly, which is comprised of movable coupling - 3 -
lenses, a focusing ring and mechanical couplings. The direct-view scope and the videoendoscope assembly are not merely mounted objective lenses, and are not, therefore, covered by the terms of subheading 9002.19.00, HTSUS.

The direct-view scope connects to a camera coupler which connects to a video camera. The camera coupler and camera are not imported with the direct-view scope. The videoendoscope assembly connects directly to a video camera, which is not a portion of the importation in question. Because the direct-view scope and videoendoscope assembly are components of complete, rigid videoendoscopes, it is necessary to determine the classification of the videoendoscopes.

In HQ 953652, dated April 13, 1994, we considered the classification of complete, videoendoscope systems--the Olympus EVIS 100 and OES TV System. We determined that various systems incorporating endoscopes (with the exception of those incorporating laparoscopes) were classifiable under subheading 9018.19.40, HTSUS, which provides for electro-diagnostic medical apparatus for functional exploratory examination. While we adhere to this conclusion, it is necessary to clarify the basis for this classification.

The various endoscopes incorporated into the videoendoscope systems of HQ 953652 are principally used for diagnostic purposes. If imported separately, the endoscopes would be classifiable under subheading 9018.19.40, HTSUS. However, as imported, the EVIS 100 videoendoscope system includes a video system center, television monitor and video tape recorder, while the OES TV System includes a video camera head that attaches to a standard fiberscope (the camera head relays the signals to a control center and onto a television monitor and video tape recorder). These systems are chapter 90, note 3, HTSUS, "functional units." The components of the systems contribute to a clearly defined function covered by heading 9018, HTSUS, and specifically, with the exception of those systems incorporating laparoscopes, subheading 9018.19.40, HTSUS. As the systems are classifiable according to GRI 1, it is not necessary to resort to GRI 3(a).

With regard to the complete, rigid videoendoscopes at issue, while they can be used for many types of procedures, they are principally used for diagnostic purposes. The needle portion of the direct-view scope and videoendoscope assembly cannot be fitted with accessories, such as forceps, cytology brushes or biopsy needles. Moreover, while the needle portion comes in various sizes, all are used solely for viewing purposes. The complete, rigid videoendoscopes, in accordance with HQ 953652, are classifiable under subheading 9018.19.40, HTSUS. The direct-view scope and videoendoscope assembly for these complete, rigid videoendoscopes are classifiable as parts under subheading 9018.19.40, HTSUS. - 4 -

HOLDING:

The needle assembly is classifiable as a mounted objective lens under subheading 9002.19.00, HTSUS. The corresponding rate of duty for articles of this subheading is 6.6% ad valorem.

The direct-view scope and videoendoscope assembly are classifiable as parts of electro-diagnostic medical apparatus for functional exploratory examination under subheading 9018.19.40, HTSUS. The corresponding rate of duty for articles of this subheading is 7.9% ad valorem.

Sincerely,

John Durant, Director

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