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NY H83420




July 31, 2001

CLA-2-90:RR:NC:MM:105 H83420

CATEGORY: CLASSIFICATION

TARIFF NO.: 9022.90.9500

Mr. Peter M. Larson, President
Larson Products, Inc.
2844 Banwick Road
Columbus, OH 43232

RE: The tariff classification of Patient Support Headframes from China

Dear Mr. Larson:

In your letter dated July 6, 2001, you requested a tariff classification ruling.

Your description of the imported merchandise is: A U-shaped plastic frame for use as a support for stabilization of the head of patients undergoing medical radiation therapy for tumors of the brain and head region.

A U-shaped plastic frame as in (a) onto which has been welded or glued a sheet of perforated plastic, of a type such as polycaprolactone, which when heated in hot water becomes moldable and can be formed around the head of a patient. The perforated plastic then hardens to form a stabilizing mask to hold the patient’s head in a fixed position for radiation therapy.

You stated by telephone to NIS J. Sheridan on July 26, 2001 that the radiation used will usually be gamma radiation, not x-rays.

We believe that an expert in radiology would likely be able to identify each as principally used in radiological treatments to hold the patient’s head in place. The molded frame, with “KLARITY” molded in, has ribbing built in to increase its rigidity and five holes for rods or bolts to be placed through it.

The applicable subheading for both items will be 9022.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” parts and accessories of apparatus based on the use of alpha, beta or gamma radiation, including radiography and radiotherapy apparatus. The general rate of duty will be 1.4 percent ad valorem.

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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