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NY H87589




March 8, 2002

CLA-2-90:RR:NC:N1:105 H87589

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Richard Ingrao, Principal
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Suite 110
Romulus, MI 48174

RE: The tariff classification of a sizer kit from Canada

Dear Mr. Ingrao:

In your letter dated January 8, 2002, for Somanetics Corporation, you requested a tariff classification ruling.

We have received no response to our February 15, 2002 letter to you concerning your request for confidentiality so, as indicated in that letter, we consider it abandoned.

No sample was received of the CorRestore Sizer Kit was received. It is used by a surgeon in selecting and implanting the CorRestore Patch material that was the subject of New York Ruling Letter H86513, dated December 19, 2001. We understand that you will import the Sizer Kits separately from the Patches. The kit will be imported in a single-use, sterile pouch. The kit consists of a plastic handle and a metal sizer instrument. The user inserts the handle into the sizer. The sizer is fitted into the area to be repaired, and its markings will enable the surgeon to determine “the appropriate CorRestore Patch part number for implantation.” The handle can be detached and “used to position the CorRestore Patch during implantation.”

We agree that the applicable subheading for the Sizer Kit will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances used in medical, surgical, dental or veterinary sciences. The 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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