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NY J82830




April 24, 2003

CLA-2-90:RR:NC:N1:105 J82830

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Ms. Louise Megale
Patrick Powers Custom Brokers, Inc.
27 Blake Avenue
Lynbrook, NY 11563

RE: The tariff classification of Orchidometer #2003-01-24 from China

Dear Ms. Megale:

In your letter dated March 24, 2003 for BHS International, Inc., you requested a tariff classification ruling. The package is labeled Genentech, Inc.

The sample submitted is described as follows: “The orchidometer is used for the determination of testicular volume. The orchidometer is a simple and reliable tool for clinical evaluation of pubertal development in boys (2,3).

Testicular volume is primarily determined by the mass of the Sertoli cells and the seminiferous tubuli. The hormone production of the Leydig cells can be estimated by the degree of sexual maturation.

This orchidometer is made of wooden beads (1-3mL) and yellow (4-2 mL). A testicular volume of >4 mL normally indicates that pubertal development has begun. Use the orchidometer by selecting the wooden bead which is closest in size to the testicle, determined by palpation. Both testicles should be checked at each examination.”

You stated commodity specialist team #247 advised you to classify the product under 9017.80.0000 at 5.3 percent. This item does not meet the specification of this provision, since it is not an instrument to measure length, such as a ruler or a rod. Also, the Harmonized System Explanatory Note to 9018 states, “This heading includes specialised measuring instruments used exclusively in professional practice, such as cephalometers, dividers for measuring cerebral lesions, obstetrical pelvimeters, etc.” The importer prefers the classification of the product under 4421.90.9740 at 3.3 percent. This article does not qualify for classification under this provision because it is a non-specific provision for articles not specified elsewhere in the chapter.

The 26th Edition of Stedman’s Medical Dictionary gives us its second definition of “orchidometer” - “A set of sized models of testes for comparison of testicular development.”

The applicable subheading for the orchidometer 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 and parts and accessories thereof. 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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