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NY H84840




August 24, 2001

CLA-2-90:RR:NC:MM:105 H84840

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.60

Ms. Susan Talley
Universal Robot Systems, LLC
2375 East Camelback Road
Fifth Floor
Phoenix, AZ 85016

RE: The tariff classification of Medical Apparatus from Germany

Dear Ms. Talley:

In your letter dated August 3, 2001, you requested a tariff classification ruling. No samples were submitted.

You describe the CASPAR, Computed Assisted Surgery Planning And Robotic, as: a computer controlled precision robot that is equipped with modular instrumentation for the performance of orthopedic surgery procedures. The system is comprised of preoperative planning software on a CD, which runs on a commercial personal computer, an industrial robotic arm, an industrial robot controller that has been modified for surgical purposes and proprietary software within the system for controlling the robot and performing the surgery itself. The unit measures 53 9/16 inches x 23 5/8 inches x 32 ½ inches; the robotic arm is 55.3 inches in length while the base of the robot is 41.3 inches x 24.6 inches.

Any software will be separately classifiable due to Note 6 to Chapter 85 of the HTS, and its value for Customs purposes will be only the value of the medium, not the value of the content. New York Ruling Letter B86452, dated June 19, 1997, noted.

The applicable subheading for the CASPAR will be 9018.90.60, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” electro-surgical instruments and appliances. 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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