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NY L88457




November 30, 2005

CLA-2-90:RR:NC:N1:105 L88457

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Mark Layton
Electronic Navigation
826 Coal Circle
Louisville, CO 80027

RE: The tariff classification of an Open Spine Clamp Radiolucent 9731780 from India

Dear Mr. Layton:

In your letter dated August 22, 2005, received in the Customs Information Exchange (CIE) on November 2, 2005, for Medtronic Inc., you requested a tariff classification ruling. No sample was submitted.

You state: “The merchandise in question consists of Titanium 6AI-4V, Stainless Steel – 18-8 and 316. The Open Spine Clamp is a component of Medtronic Navigation Image Guided Surgery system. It is used by positioning the jaws of the clamp on the bony anatomy, or other structure rigid with respect to surgical anatomy, and tightening until rigidly affixed. A tracker is then attached to the other end of the devices. The position of the tracker is detectable by the navigation system, which indirectly allows the system to track the surgical anatomy. The device is typically used in image guided spinal procedures. The device weighs 5 ounces.”

From the color image you supplied, its multiple sharp teeth help the device to grip the hard surface.

We agree that the applicable subheading for the Open Spine Clamp 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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