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HQ 967159




November 17, 2004

CLA-2 RR:CR:GC 967159

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.60

Mr. Wade Gosset
STERIS Corp.
5960 Heisley Rd.
Mentor, OH 44060-1834

RE: Selected part of the Harmony Surgical Lighting and Visualization System

Dear Mr. Gosset:

This is in reference to your letter, dated May 21, 2004, requesting reconsideration of New York Ruling Letter (NY) K84508, issued to you on April 21, 2004, by the Director of Customs National Commodity Specialist Division, New York, concerning the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of selected parts of the Harmony Surgical Lighting and Visualization System (HSLVS).

FACTS:

The HSLVS is the overhead light used in surgical suites by surgeons. It contains many special features for this purpose, such as balanced suspension arms for exact positioning, spot light feature, back up lighting system, color temperature regulation to prevent burning of tissues and color reading index to reflect the true color of tissue, installation ports for endoscopy equipment and monitors, among others. The imported merchandise consists of the following parts for the HSLVS which are assembled in the U.S. with American made electrical components to produce an HSLVS:

1) a central axis, composed of carbon steel, that allows the lights and apparatus to move in circular motion around the patient to assist the surgeon during the surgical process.

2) the spring load arms, composed of carbon steel, that extend from the central axis and allow for either the lights or equipment to be mounted.

3) flat monitor adapters, composed of carbon steel, that connect with a spring load arm to mount a flat LCD monitor to the lighting system.

4) ceiling sets that allow for the lighting system to be mounted into the ceiling and consist of mounting components (nuts, bolts and clamp rings) to attach to the ceiling; a carbon steel suspension tube to which the lighting assembly is attached and which houses the system cables and wires; and a plastic ceiling hood or cover.

5) light heads of carbon steel that provide the essential lighting function of the HSLVS.

It is stated that these lamp components also incorporate the necessary operating parts, including electrical components, bearings, commutators, plastic components, wiring, et cetera.

It is noted that this merchandise can be imported in the following ways: as individual lamp parts and accessories; as unassembled parts put up in a manner to create incomplete lamps which are considered to be parts; and as unassembled parts that are put up in a manner to create complete lamps.

ISSUE:

Is the overhead surgical lamp found in surgical suites an appliance used in surgical sciences and is the imported merchandise “parts thereof?”

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context that requires otherwise, by the Additional U.S. Rules of Interpretation (AUSRI). The GRIs and the AUSRI are part of the HTSUS and are to be considered statutory provisions of law.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any related section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order.

In interpreting the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUSA. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989).

The following HTSUS headings are under consideration:

7326 Other articles of iron or steel:

Other:

Other:

Other:

7326.90.85 Other

8302 Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof:

8302.50.00 Hat-racks, hat pegs, brackets and similar fixtures, and parts thereof

9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof:

9018.90 Other instruments and appliances and parts and accessories thereof:

Other:

Electro-medical instruments and appliances and parts and accessories thereof:

9018.90.60 Electro-surgical instruments and appliances, other than extracorporeal shock wave lithotripters; all the foregoing and parts and accessories thereof

9405 Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included:

9405.10 Chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares:

Of base metal:

9405.10.60 Other

9405.99 Other:

9405.99.40 Other

The Chapter 90 legal notes state, in pertinent part, the following:

1. This chapter does not cover:

(h) Searchlights or spotlights of a kind used for cycles or motor vehicles (heading 8512); portable electric lamps of heading 8513; cinematographic sound recording, reproducing or re-recording apparatus (heading 8519 or 8520); sound-heads (heading 8522); still image video cameras, other video camera recorders and digital cameras (heading 8525); radar apparatus, radio navigational aid apparatus and radio remote control apparatus (heading 8526); numerical control apparatus (heading 8537); sealed beam lamp units of heading 8539; optical fiber cables of heading 8544;

(ij) Searchlights or spotlights of heading 9405;

EN 90.18 states, in pertinent part, the following:

INSTRUMENTS AND APPLIANCES FOR HUMAN MEDICINE OR SURGERY

This group includes:

(r) Lamps which are specially designed for diagnostic, probing, irradiation, etc. purposes. Torches, such as those in the shape of a pen are excluded (heading 8513) as are other lamps which are not clearly identifiable as being for medical or surgical use (heading 94.05).

EN 94.05 states, in pertinent part, the following:

(I) LAMPS AND LIGHTING FITTINGS, NOT ELSEWHERE SPECIFIED OR INCLUDED

Lamps and lighting fittings of this group can be constituted of any material (excluding those materials described in Note 1 to Chapter 71) and use any source of light (candles, oil, petrol, paraffin (or kerosene), gas, acetylene, electricity, etc.). Electrical lamps and lighting fittings of this heading may be equipped with lamp-holders, switches, flex and plugs, transformers, etc., or, as in the case of fluorescent strip fixtures, a starter or a ballast.

This heading covers in particular: . . . .

(3) Specialised lamps, e.g.: darkroom lamps; machine lamps (presented separately); photographic studio lamps; inspection lamps (other than those of heading 85.12); non-flashing beacons for aerodromes; shop window lamps; electric garlands (including those fitted with fancy lamps for carnival or entertainment purposes or for decorating Christmas trees).

EN 94.05 states, in pertinent part, the following:

This heading also excludes :

(l) Medical diagnostic, probing, irradiation, etc., lamps (heading 90.18).

Spotlights are specifically excluded from heading 9018, HTSUS, in favor of eo nominee classification in heading 9405, HTSUS. The instant merchandise comprises parts of a lamp. The issue is whether the lamp is a spotlight of heading 9405, or a surgical appliance of heading 9018, HTSUS.

Lamps which “are specially designed for diagnostic, probing, irradiation, etc. purposes” are included in heading 9018, HTSUS. However, the instant HSLVS parts can not be said to have been designed for a lamp used in probing or irradiation. Lamps so designed are those that are part of an instrument which probes the body, such as an endoscope, which enables the clinician to see the internal organ and take a cell sample so as to diagnose a disease. Lamps used for irradiation are those which employ radiation to reveal, most commonly, skin diseases.

Instead, you argue that the HSLVS is specially designed for diagnostic purposes. The HSLVS has certain temperature and lighting features which will not harm the patient during a surgical procedure. It also has ports for the attachment of visualization equipment during certain surgical procedures and a handle to position it during surgery. These facts, while important, do not lead us to believe that the lamp function is specialized for the diagnosis of disease. Precision overhead room lighting is necessary for the surgeon to do his or her job. But the instant merchandise is not used in direct contact or even in close proximity with the patient for the sole benefit of diagnosis of disease. While it is specialized lighting to be sure, it is more akin to the explicitly excluded spotlight of heading 9405, HTSUS, than it is to the included lamps attached to endoscopes and the like, that are used in intimate contact with the patient.

HOLDING:

In this regard, the components of this lighting system that are considered to be lamp parts (not accessories), whether imported individually in bulk form or unassembled in kits for lamp parts or complete lamps, are found to be properly classified under heading 9405, HTSUS.

The applicable subheading for the individual carbon steel lamp parts imported in bulk packaging (excluding the ceiling sets, the accessories covering the central axis and spring load arms for the flat monitor adapters, and the actual flat monitor adapters) will be 9405.99.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for lamps and lighting fittingsand parts thereof, not elsewhere specified or includedparts: other: other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the individual central axis and spring load arms of carbon steel, imported in bulk packaging, for the flat monitor adapters will be 8302.50.0000, HTSUS, which provides for hat-racks, hat pegs, brackets and similar fixtures, and parts thereof, of base metal. The rate of duty will be free.

The applicable subheading for the individual flat monitor adapters of carbon steel, imported in bulk packaging, will be 7326.90.8587, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the lamp parts, not accessories, when imported in an unassembled condition to create an incomplete lamp, which is then considered to be a part, will be 9405.99.4000, HTSUS, which provides for lamps and lighting fittingsparts: other: other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for this merchandise when imported in an unassembled condition to create a complete lamp will be 9405.10.6020, HTSUS, which provides for lamps and lighting fittingschandeliers and other electric ceiling or wall lighting fittingsof base metal: other than of brass, other. The rate of duty will be 7.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the internet at www.usitc.gov.

EFFECT ON OTHER RULINGS:

NY K84508 is affirmed.

Sincerely,

Myles B. Harmon, Director

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