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NY G86552




February 12, 2001

CLA-2-90:RR:NC:MM:105 G86552

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.7560

Ms. Kathleen Crawford
BDP International
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of Infant Phototherapy Lights from Germany

Dear Ms. Crawford:

In your letter, dated January 19, 2001, for Drager Medical Inc., you requested a tariff classification ruling for the PT 4000.

No samples were provided, but a brochure was submitted with the ruling request.

You state that it is “a light source designed to give maximum radiation in the therapeutic frequency band, while minimizing long wave heat radiation. It is for use with incubators and open care warmers.”

Its minimum intensity is 36 microWatts/square centimeter/nanometer.

Explanatory Note IV-7 to Harmonized System Heading 9018 includes Actinotherapy Apparatus. Your item is similar to those discussed. It has 6 light bulbs, 4 blue and 2 white, and is described as having a “neutral light color”. Per the spectrum diagram you faxed to us on February 6, 2001, the bulk of the radiation is in the 400 to 510 range. We assume nanometers of wavelength is the unstated unit of measurement. Thus, we take it that the therapeutic effect is not essentially a result of either ultraviolet or infrared radiation, therefore, HTS 9018.20.00 does not apply.

The applicable subheading for this item will be 9018.90.7560, Harmonized Tariff Schedule of the United States (HTS), which provides for “other”, electro-medical, therapeutic appliances and instruments. 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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