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NY N014759




August 21, 2007

CLA-2-84:RR:NC:N1:104

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479. 82.0040

Ms. Joan Studeny
GHY USA Inc.
Customs Brokers/Trade Consultants
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of a robotic IV automation medical device from Canada.

Dear Ms. Studeny:

In your letter dated July 16, 2007, on behalf of Intelligent Hospital, you requested a tariff classification ruling.

In a submission dated June 13, 2007, you stated that the Robotic IV Automation Medical Device Model “RIVA” will be used by hospital pharmacies to automatically and accurately prepare IV syringes and bags. It incorporates an automatic data processing machine and calculates the dose and distribution of compound sterile preparations for IV syringes and bags. You further describe the RIVA as being mounted on four sectional bases that are bolted together and interconnected by wiring and harnesses. These sections will be imported complete in one shipment. The RIVA includes one robot that is programmed to perform multiple operations with up to twelve-layered operations concurrently.

Information gleaned from Intelligent Hospital’s website (www.rivasystem.com) concludes that the RIVA performs the following functions: prepares doses by sanitizing the vials, syringes and bags; adds diluents, weighs and mixes; draws desired dose into syringe and/or injects into bag, removes needle and cap syringe, label, and output.

The applicable subheading for the Robotic IV Automation Medical Device Model “RIVA” will be 8479.82.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84); parts thereof: Other machines and mechanical appliances: Mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines: Mixing, kneading or stirring machines. The rate of duty will be free.

Consideration was given to your proposed classification of 9018.90.8000, HTSUS. We note that the Harmonized System Explanatory Note (ENs) you referred to is I-P to 9018. Those devices provide information to a radiological oncologist concerning the radiation dose distribution in the various areas of the patient’s body from the use of X-ray or other radiation therapy sources. Headquarters Ruling Letter 962415 HMC, dated February 22, 2000, did not classify in HTSUS 9018 the ATC system, which was “designed to be used in hospital pharmacies to dispense medication to patients.” Thus, heading 9018 would not be applicable.

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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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