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NY R00774




September 27, 2004

CLA-2-90:RR:NC:N1:105 R00774

CATEGORY: CLASSIFICATION

TARIFF NO.: 9022.14.0000

Mr. Mark Jones
Carl Zeiss Surgical Inc.
1 Zeiss Drive
Thornwood, NY 10594

RE: The tariff classification of a Zeiss IntraBeam Radiosurgery device from Germany

Dear Mr. Jones:

In your letter dated August 31, 2004, you requested a tariff classification ruling.

You state: “The IntraBeam is designed for use in intraoperative radiotherapy (IORT). Its primary function is to treat tumors throughout the body; breast, brain, colo-rectal, etc. by dispensing low energy, high dosage radiation in the form of x-rays directly to the tumor. The miniaturized x-ray source can be used both with a surgical support system and a stereotactic frame. This design allows the suipport system to be placed exactly where the surgeon needs it, enabling the x-ray source to be easily and precisely positioned. Exact radiosurgery can be performed either by inserting one of several different sized probes (1.5 to 5cm in diameter) into the existing biopsy channel, or by placing optimized applicators directly in the tumor bed. The appropriately sized probe is dependent on the size of the tumor cavity. The x-ray irradation is emitted from the spherical tip of the probe. Outward from its center. This design reduces the risk of scatter radiation exposure for the patient, physicians and operating room staff. Photographs of these applicator probes and their use in surgery are in the accompanying product brochure.

The IntraBeam’s x-ray source converts electrons into x-rays which is used for the treatment. There is no open radiation nor is there any chemical material that radiates. The x-ray source has a maximum energy output of 50 kV, 40 mA. The output can vary by the form of treatment prescribed by the physician. A ‘dose’ at any output level can be up to 30 minutes in duration.”

We agree that the applicable subheading for the system will be 9022.14.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for apparatus based on the use of X-rays for medical, surgical or veterinary uses. 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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