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NY H85151




August 30, 2001

CLA-2-90:RR:NC:MM:105 H85151

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.7560

Ms. Mary Martin
Port Brokers, Inc.
11099 South LaCienega Blvd.
Suite 280
Los Angeles, CA 90045

RE: The tariff classification of a Microwave Thermal Therapy Device from Sweden

Dear Ms. Martin:

In your letter dated August 10, 2001, for Circon Corp., you requested a tariff classification ruling.

No sample was submitted. You state that the import will be used in the treatment of benign prostate hyperplasia.

The documentation states:
The principle of the ProstaLund Feedback Treatment is to deliver heat to coagulate the adenoma. The heat is generated when the microwaves are absorbed in the tissue. Precise tissue temperature control is maintained by intraprostatic measurement.

Since the term “microwave” is used, we assume the emission is electromagnetic waves with frequencies between 1 and 30 gigahertz. Therefore, neither classification in 9018.20 as ultraviolet or infrared ray apparatus nor in 9022 as apparatus based on the use of X-rays or gamma radiation applies.

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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