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NY N006386




March 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.6000

Ms. Linda K. Kohl
DHL Global Forwarding
500 Rutherford Avenue
Charlestown, MA 02129

RE: The tariff classification of a Calculase from Germany

Dear Ms. Kohl:

In your letter dated January 25, 2007, on behalf of Karl Storz Endoscopy America Inc., you requested a tariff classification ruling. No sample was submitted, but you did include the multi-page Instruction Manual.

You state: “The product in question is The Karl Storz Calculase (article number:27750120-1). It is a Ho:Yak desktop laser used in lithotripsy surgery. The laser energy generated by the machine enables the optimum lithotripsy of all small to medium sized calculi in the urinary system.”

You also state: “Essentially the laser beams are delivered through a fiber optic wand that is connected to the machine.”

The Harmonized System Explanatory Note to its 90.18 states that it covers instruments and appliances operated by laser or other light or photon beam processes.

We agree that Headquarters Ruling Letter 951871, 8-18-92, concerns an item that is similar for classification purposes.

We agree that the applicable subheading for the Calculase will be 9018.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electro-surgical instruments and appliances, other than extracorporeal shock wave lithotripters; all the foregoing and parts and accessories thereof. The rate of duty will be free.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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