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NY D84937





November 25, 1998

CLA-2-90:RR:NC:1:105 D84937

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.19.9550

Ms. Mary E. Sowle
Hodes Keating & Pilon
33 North Dearborn Street. Suite 2204
Chicago, IL 60602-3109

RE: The tariff classification of a Dental Laser Unit from Germany

Dear Ms. Sowle:

In your letter dated October 20, 1998, you requested a tariff classification ruling on behalf of Kavo America.

On November 3, 1998 this office issued a binding ruling which contained a clerical error in line 1 of the third paragraph on page 1. This letter is a correction of that error. The correct merchandise description should read "DIAGOdent" instead of "dive computer." All other language in the original ruling (NYD83800) remains unchanged.

The "DIAGNOdent" is a rectangular laser unit with an electronic display which is used to detect cavities and other tooth imperfections. It measures 120mm high, 150mm wide and weighs 0.6 Kg. Attached to the unit is a hose that connects the unit to a cylindrical gripping sleeve. At the tip of the sleeve is a probe. The unit is operated by placing the probe against a healthy tooth surface, switching the unit on and adjusting the settings to account for that individual patient's tooth. A light energy is emitted through the probe to the DIAGNOdent indicating deviations between healthy and photo logically changed tooth substance. The numerical data appearing on the display enables the dentist to evaluate a tooth and to diagnose any irregularities such as caries, plaque, tartar, discoloration and some fillings.

The applicable subheading for the dive computers will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for electro-diagnostic apparatus....other. The rate of duty will be 0.8 percent ad valorem.

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

2

A copy of this 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 this ruling, contact National Import Specialist James Sheridan at (212) 466-5669.

Sincerely,

Robert B. Swierupski
Director,

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