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NY N004130




December 29, 2006

CLA-2-85:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8544.41.8000

Maryann Larkin
Brokerage Manager
Samex Customs Brokers
758 S. Glasgow Avenue
Inglewood, CA 90301

RE: The tariff classification of “OR Cable” (Part #’ 6060010-002) and “OR Extension Cable Assembly” (Part # 6060001-003) from China

Dear Ms. Larkin:

In your letter dated December 05, 2006, you requested a tariff classification ruling on behalf of Kingstec Industries Inc. of Ontario, Canada.

The items concerned are electrical cables fitted with connectors. These cables (Part #’s 6060010-002 and 6060001-003) are exclusively used with the “Precision Spinal Cord Stimulation System”. Both cables consist of insulated wire and have fittings/connectors at each end. The cables are for a voltage rating of 6 volts.

The “OR Cable” (Part # 6060010-002) is approximately eighteen inches long. On one end it has a “micro circular” connector. This connector is used to connect the cable to an external electric spinal stimulating device. The other end of the cable contains a small rectangular slide or clamp box connector. This connector is used to connect the cable to a lead wire. One end of the lead wire is inserted into the clamp box connector and a slide on the connector is used to make the electrical connection and lock the lead wire in place.

The “OR Extension Cable Assembly” (Part # 6060001-003) is approximately five feet long. On one end it has a female “micro circular” connector and on the opposite end it has a male “micro circular” connector. This length of cable is used to extend the distance between the external electric spinal stimulator and the “OR Cable” (Part # 6060010-002).

Neither cable is used internally. They connect the external “trial” electric spinal stimulator to a lead, the opposite end of that lead is implanted, via an incision made in the skin, near the spinal cord. The lead delivers electrical stimulation to the spinal cord in an effort to relieve back pain. A patient, prior to them receiving a “permanent” internally implanted spinal cord stimulation device, uses this external “trial/test” system.

You proposed classification under subheadings 8543.89.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical machines: Other machines: Other: Other: Other: For electrical nerve stimulation. Classification under this subheading would be precluded due to the fact that this subheading provides for the actual electric nerve stimulation device not parts thereof. Heading 8543 has a parts provision, beginning in subheading 8543.90.1000 through 8543.90.8880. However, classification under the “parts” subheadings is precluded by Section XVI, Note 2 (a), HTS, which states, “Parts which are goods included in any of the headings of chapter 84 or 85 are in all cases to be classified in their respective headings”.

You also proposed classification under subheading 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences: Other instruments: Other: Other. However, classification under this subheading is precluded by Chapter 90, Note 2 (a), HTS, which states “Parts and accessories which are goods included in any of the headings of this chapter or of chapter 84, 85 or 91 are in all cases to be classified in their respective headings”.

The applicable subheading for the “OR Cable” (Part #’ 6060010-002) and the “OR Extension Cable Assembly” (Part # 6060001-003) will be 8544.41.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Insulated wirefitted with connectors: Other electric conductors, for a voltage not exceeding 80V: Fitted with connectors: Other. The rate of duty will be 2.6%.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Steven Pollichino at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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