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NY N012128




June 27, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.7580

Mr. Gary Walz
Ascension Technology
107 Catamount Drive
Milton, VT 05468

RE: The tariff classification of medical trackers from China

Dear Mr. Walz:

In your letter date stamped in this on June 4, 2007, you requested a tariff classification ruling. A sample was provided of a 6 DOF (Degrees Of Freedom) and a 5 DOF sensor/tracker.

You state: “Both sensors are used, when connected to an Ascension electronics units, to detect a pulsed DC magnetic signal and return position and orientation data of the sensor. In particular, the model being called the ‘5 DOF Sensor’ will return information relating to the sensor’s position and 3 axis, along with the azimuth and elevation. The ‘6 DOF Sensor’ will additionally return information relating to the ‘roll’ of the sensor.”

The sample 5 DOF is annotated as a “Winding.” Per NIS J. Sheridan’s telephone call to you in mid-June the extremely thin wire is not wound around something; rather three even thinner wires are wound around inside the import. You also stated that the 6 DOF is connected directly into the special electronic interface outside the patient and that the electrical signal from the much smaller 5 DOF is routed through the medical device it is connected to into the electronic interface.

Medical trackers are used inside the patient in conjunction with an external transmitter of pulsed magnetic waves on three different axes. They provide information to the physicians about the location and orientation of the tip of the medical device, e.g., an endoscope or catheter, within the patient.

From a review of the www, there does not seem to be any significant use for this type of magnetic tracking except for medical/surgical uses.

You indicate that these items are “currently classified as 8471.60.9050” However, while the data generated may well eventually be used by a computer, the signals from both items are connected to an electronic interface and the articles of HTSUS Chapter 90 are excluded from HTSUS Section 16 by its Note 1-m.

The applicable subheading for both medical trackers will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Electro-medical instruments and appliances 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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