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NY H82636




July 17, 2001

CLA-2-90:RR:NC:MM:105 H82636

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.41.00; 8501.10.6020

Ms. Linda Heidebrecht
Customs Specialist
Ormco Corporation
1332 S. Lone Hill Avenue
Glendora, CA 91740

RE: The tariff classification of endodontic apparatus from Switzerland

Dear Ms. Heidebrecht:

In your letter dated June 12, 2001, you requested a tariff classification ruling.

Your first question concerns the complete sample which is ready to perform dental work on root canals after the addition of the appropriate rotary file. The complete unit causes a carefully controlled, high rate of rotation in the inserted rotary file. It consists primarily of a motor controller console, a foot pedal to control the speed of revolution, and a hand held rotary motor.

You also asked for the classification of the Hand-Piece Motor, the Motor Cradle, and the Foot Pedal Assembly if imported separately as spare parts.

The Motor Cradle is a single piece of molded plastic. It consists of a base which is about 4 inches by 2 inches with sidewalls on the two shorter sides, each about 1.5 inches high at the two edges and 1 inch high in the middle. The base has a molded hole for a screw to pass through in its center.

The Foot Pedal Assembly is attached to an electrical conducting cord which is several feet long and terminates in a 6 pin male connector.

Note 2-a to HTS Chapter 90 requires that parts and accessories of the apparatus of Chapter 90 must be classified in all cases in almost any heading in Chapter 84, 85, 90 or 91 which includes them.

We agree that the applicable subheading for the complete unit will be 9018.41.00, Harmonized Tariff Schedule of the United States (HTS), which provides for dental drills. The general rate of duty will be free.

We agree that the applicable subheading for the motor will be 8501.10.60, Harmonized Tariff Schedule of the United States (HTS), which provides for certain electric motors. The general rate of duty will be 2.8 percent ad valorem.

Regarding the foot pedal assembly and the motor cradle, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

1. Descriptive literature or a detailed explanation on the use of the item(s). 2. Descriptive literature or a detailed explanation on how the item(s) operate/function. 3. Regarding the foot pedal assembly, a statement of the components contained within the pedal. 4. Regarding the motor cradle, noting General Explanatory Note III to Harmonized System Chapter 90, state what physical features, if any, which would enable an expert in dentistry to identify it as suitable for use solely or principally with dental drills.

Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

In addition, as required by New York Pipeline Number 1688 dated December 19, 1988, please provide the following:

1. Two additional copies of this and any later submission (including any paper documentation). 2. The names and addresses of all interested parties, such as makers and/or suppliers.

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.

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

The samples are being returned to you in a separate mailing.

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, regarding the complete unit or the motor.

If you have any questions regarding the foot pedal assembly, contact National Import Specialist Dave Curran at 212-637-7049. If you have any other 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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