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NY J85317




June 25, 2003

CLA-2-90:RR:NC:N1:105 J85317

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.39.0000

Ms. Cherry Paquette
Percardia Inc.
10 A1 Paul Lane, Suite 202
Merrimack, NH 03054

RE: The tariff classification of a stent delivery system from Italy

Dear Ms. Paquette:

In your letter dated June 03, 2003, you requested a tariff classification ruling. No samples were submitted.

Regarding the Delivery System, you state:

“Delivery System

Provides the components necessary for a cardiac or cardio-thoracic surgeon, or a cardiologist, to implant a stent as a myocardial implant device between a coronary artery or vein directly into the heart to provide blood flow in (partially) occluded systems. The intent is to provide such a flow using less-invasive techniques than current ‘coronary artery bypass graft’ (CABG) procedures. This Delivery System, a sterile packaged component, consists of the following major sub-components (with the HTC numbers of those sub-components): a. Recess Seating Tool, HTC 9018.39.0050, manufactured in USA b. Coated Stent, HTC 9018.39.0050, manufactured in USA, coated in Italy c. Catheter with Balloon, HTC 9018.39.0030, manufactured in USA”

Since the stent will not serve as a conduit for fluids into and/or out of the body, but as a conduit for blood within the body, we do not consider it to be “and the like” to the catheters and cannulae in HTS 9018.39. We take it that the stent will remain in the patient’s body indefinitely.

Harmonized System Explanatory Note III to 90.21 indicates that includes, as artificial parts of the body, the somewhat similar “tubes of synthetic fabric for replacing blood vessels.”

Since the other items are used only to assist in implanting the individual stent in the patient, we consider the stent to supply the essential character to the set.

The applicable subheading for the delivery system will be 9021.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” artificial parts of the body and parts and accessories thereof. The rate of duty will be free.

Regarding the Access System, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Samples, photographs, drawings or other pictorial representations of the items(s).

Descriptive literature or a detailed explanation on the use of the item(s).

Descriptive literature or a detailed explanation on how the item(s) operate/function. In particular, how does the guide wire work in conjunction with the needle?

Provide the approximate relative costs of the needle and the guidewire.

Please include a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

When this information is available, you may wish to consider resubmission of your request regarding the Access System. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 above, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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