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NY N013443




July 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.19.4000, 9018.90.7580

Mr. Michael Skidmore,
Customs Consultant
103 Greenleaf Street
Quincy, MA 02169

RE: The tariff classification of Endoscopic Related Equipment from Germany

Dear Mr. Skidmore:

In your letter dated June 30, 2007, for Karl Storz Endoscopy America, Inc., you requested a tariff classification ruling. No sample was provided, but five technical instruction manuals totaling a couple of hundred pages or so.

You state: “Item 1 is part number 20132501, a Xenon 100 Cold Light Fountain. The picture on page 111 of the catalog shows the article in its imported stateThe unit then provides a light source that is transmitted via a fiber optic light cable (not imported with the unit) through an endoscope to the examination site. The unit contains its own power supply, a Xenon bulb and an integrated insufflation pump for operating flexible video scopes for gastroentology. The pump serves to insufflate air and/or to supply water (e.g. for lens cleaning) in combination with the appropriate video scopes.”

We assume you meant Fountain for Fontain and that, noting that there is no page 111, you meant the picture on page vi.

You propose classification in HTSUS 9018.90.7580.

Regarding your item 2, the Unidrive Ent, 20711620, it controls the electricity to various medical cutting devices that have electrical motors such as an osseoscalpel. It has a TFT touch screen and an integral irrigation pump.

You propose classification in HTSUS 9018.90.7580.

You state: “Item 3 is the Endomat LC part number 203303 20. The item is a pump used in endoscopy. It can be used for irrigation or for the suction of fluids during endoscopic interventions...” Per the technical/instruction manual, it has a bolus flow which is advantageous “to quickly improve vision.”

You propose classification in HTSUS 9018.90.7580.

You state: “Item 4 is the Telepak, part number 200430 20”

“The telepak is a comprehensive, multifunctional and compact documentation terminal that can be used in the emergency room or in a doctor’s office. The system generates images and visualization on the integrated TFT Flat Screen monitor, and is capable of storing images as well as text and language on the PCMCIA memory card. There is also a light source for the endoscopes. The unit as imported does not come with the camera head.”

You propose classification in HTSUS 9018.19.9560.

Regarding your items 1, 3 and 4, Headquarters Ruling Letter 962858, 1-23-01, classified medical endoscopes in HTSUS 9018.19.40 as Apparatus for functional exploratory examination. Endoscopes, including those with “as operating channel large enough to perform surgery via remotely controlled instruments,” are examples in Harmonized System Explanatory Note I-O to its 90.18. Court of Appeals for the Federal Circuit 00-1263 indicated that a classification which described all the nonsubordinate functions of the import, here parts and accessories of apparatus for functional exploratory examination was preferable to one that only describes part of it.

The applicable subheading for items 1, 3 and 4 will be 9018,19.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Apparatus for functional exploratory examination and parts and accessories thereof. The rate of duty will be free.

We agree that the applicable subheading for item 2 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/.

Regarding item 5, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling.

What is meant by an SCB?
Explain in detail how “it is used with the Karl Storz SCB Control Computer and how it performs its function “to interface and control up to 6 units.” What would typically be the “other video devices?” 4. Are the “operating room lights” similar to the Surgical Lighting classified in HTSUS 9405 per Headquarters Ruling Letter 967159, 11-17-04?

Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

If you decide to resubmit your request, please include all of the material that we have returned to you regarding item 5 and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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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