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NY L83832




April 18, 2005

CLA-2-90:RR:NC:N1:105 L83832

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.19.9550

Ms. Linda Otto
Ormco Corporation
1332 S. Lone Hill Avenue
Glendora, CA 91740

RE: The tariff classification of an Endodontic Apex Locator from Israel

Dear Ms. Otto:

In your letter dated March 31, 2005, you requested a tariff classification ruling.

Per the information of the retail box of the sample:

“Accurate
● No calibration required
● Short cables deflect sensitivity from E.M.I.’s

Economical
● Reduce x-rays
● Efficient – reduces treatment time

Safe & Reliable
● Clear information display
● Never registers information late”

Per your letter, “The apex locator is a battery operated electronic device used by endodontists during root canal therapy. The apex locator enables the endodontist to find the anatomic apex of the tooth, which is the bottom end of the tooth’s root. This is not feasible with an x-ray.

Before drilling, the endodontist needs to know the apical limit. Without this knowledge, the doctor could perforate the root canal wall or floor of the pulp chamber, or underprepare the root canal space with inadequate obturation.

To use the apex locator, the clinician plugs the file clip lead into the apex locator unit and attaches the file clip (at the opposite end) to an endodontic probe file which will be inserted into the root canal. (Endodontic probe files are not included with the apex locator, but are sold separately.)

The clinician hangs the lip hook on the patient’s lip and clips the built-in clip on the back of the unit to the patient’s apron so the unit will be stationary. Next, the clinician performs an initial reading at the middle of the root canal. The clinician then slowly moves the file toward the apex.

The lip clip and the file probe serve as two electrodes through which a low frequency, low voltage AC signal is applied. As the clinician moves one of the electrodes (the probe file), there are relative differences in electrical conductivity. The ratio of the impedance (tissue’s opposition to the flow of the current) values measured in the canal and lip are calculated to provide a measure of the probe tip relative to the apex.

The depth of the file’s progress in millimeters is represented on the unit by multi-colored LED indicators. When the probe file identifies the biological apex, a slow audible alarm sounds, and the green LED marked ‘Apex’ immediately flashes. If the probe file passes the biological apex, a fast audible alarm sounds, and the red LED marked ‘Past Apex’ immediately flashes.

After locating the apex, the clinician attaches a dental drill to the apex locator and begins performing the root canal procedure. As the clinician drills, the apex locator allows the clinician to see how close he/she is to the end of the canal.”

You propose classification in 9018.49.80. However, Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters) is clearly more specific than the equally indented Other instruments and appliances, used in dental sciences.

The applicable subheading for the apex locator will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters). The general rate of duty will be free.

The sample is being returned to you in a separate mailing.

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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