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NY F88505




June 30, 2000

CLA-2-90:RR:NC:MM:105 F88505

CATEGORY: CLASSIFICATION

TARIFF NO.: 9022.14.0000

Mr. Jeffrey W. Tooze
Circle International
8592 NE Alderwood Road
Portland, OR 97220

RE: The tariff classification of radiographic examination equipment from Switzerland

Dear Mr. Tooze

In your letter, dated May 30, 2000, for Swissray America, Inc., you requested a tariff classification ruling.

No sample, but a multi-page brochure was submitted.

You indicate that there will be shipments of the full ddR (direct digital Radiography) MultiSystem. From the brochure, its main elements are an x-ray source, arrays of x-ray digital detectors, and electronics to convert the raw data from the arrays into a format that will enable an image to be displayed at a workstation or stored in a digital storage device. The x-ray source and detectors are joined by a large, semi-circular beam which enables the operator, by using the built in electric motors, to change the angle of the examination from horizontal to vertical and its height from ankle level to eye level (and to all the steps in between). It can provide x-ray imaging of the skull, chest, leg, etc. A typical purchaser would be the radiological section of a hospital.

You state that that some shipments will lack “one component part (x-ray generator)...6.67% of the system’s overall imported value.” Although Explanatory Note I to Harmonized System Heading 90.22 indicates that the fundamental element of apparatus based on the use of x-rays is the unit containing the x-ray generating tube, we take this to mean primarily that the apparatus must have one in use, not that it necessarily must be present at importation. We therefore agree that those shipments are unfinished x-ray apparatus under HS General Rule of Interpretation 2-a.

You state that the “missing” x-ray generators will be imported from Canada, for insertion in the main unit. Regarding them, there is no description of how they work. The brochure states that the system incorporates both a “high frequency GEN-X generator” and a “high speed x-ray tube.” We therefore cannot determine if they are x-ray tubes or other x-ray producing equipment as distinguished in EN III A and B to HS 90.22 and, therefore, whether classified in HTS 9022.30.00 or 9022.90.05.

Therefore, we are returning your request for a classification ruling regarding the separately imported x-ray generators, and any related samples, exhibits, etc., because of non-conformity with the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

In addition, you must correct your procedural errors and bring any new request into compliance with the below. Give an explanation if the information is not “known”.

INFORMATION REQUIRED IN RULING REQUESTS

Ruling requests must be in writing, must be filed in triplicate and must contain a complete statement of all relevant facts relating to the transaction including:

 The names, addresses, and other identifying information of all interested parties (if known); the manufacturer ID code (if known);  The name(s) of the port(s) in which the merchandise will be entered (if known);  A description of the transaction; for example, a prospective importation (merchandise) from (country);  A statement that there are, to the importer’s knowledge, no issues on the commodity pending before the Customs Service or any court; and  A statement as to whether classification (HTS or TSUS) advice had been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section

The applicable subheading for the ddRMulti-System, with or without the x-ray generator, will be 9022.14.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for apparatus based on the use of x-rays for medical, surgical or veterinary uses. The general rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the 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 the ruling, contact National Import Specialist James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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