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NY N020223




December 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.7580; 8528.59.3050

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

RE: The tariff classification of medical related items from Germany

Dear Mr. Skidmore:

In your letter dated November 14, 2007, received here on November 28, 2007, for Karl Storz Endoscopy America, Inc., you requested a tariff classification ruling. No sample was provided, but you did include three technical instruction manuals totaling a couple of hundred pages or so.

Item 1 is the Unidrive II Plus, 207115. It has an electrical motor to drive various surgical drills and saws plus an integrated irrigation and coolant pump. It is similar to the Storz 20711620, classified in HTSUS 9018.90.7580 in New York Ruling Letter N013443-105, sent to you on July 23, 2007. You propose classification in 9018.90.6000 as electro-surgical apparatus, but you give no explanation as to why you do not believe 9018.90.7580 applies, as you proposed for the 20711620 in your June 30, 2007 letter. As indicated by Harmonized System Explanatory Note V-7 to 9018, electro-surgical apparatus uses electricity directly to cut, coagulate, etc, not to drive pumps and the shaft of an electric motor.

Item 2 is the AIDA (Advanced Image and Data Archiving) System, compact II, 20040601U.

Item 3 is a 15 inch wall- mounted TFT touch screen monitor, which is referred to as “part number 20090401.”  These Liquid Crystal Display (LCD) monitors are used in a medical environment.  These monitors, which can be swiveled into the operating area, provide a surgeon with clear access to the devices and their parameters.  The touch screen monitor displays live images from a camera (i.e. endoscopic video camera) as they are being recorded and simultaneously displays patient data.  The touch screen control functions are subsidiary to the display.  Furthermore, these monitors incorporate VGA and DVI-D inputs and outputs, but do not contain tuners.

The applicable subheading for item 1 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.

            The applicable subheading for item 3, the 15-inch LCD monitor, model number 20090401, will be 8528.59.3050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Monitors and projectors, not incorporating television reception apparatusOther monitors: Other: Color: With a flat panel screen: Other: Other: LCD-type (direct view). The duty rate will be 5 percent ad valorem.

Regarding item 2, We are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below: A. Per page 2-5 of the Instruction Manual, “The documented images are not approved for diagnosis.” What then is the purpose of having the still and video images documented? Two possibilities that come to mind are the training of interns and having evidence for the defense of potential malpractice suits, but we do not know if those are actually main purposes or what other, if any, significant purposes may apply. Per page 7-3, the recording quality of the CD and DVD can be selected from “Low” to “Best.” When, for example, would “low” quality images be acceptable as a choice? What are the system’s approximate dimensions, weight and cost? B. Is it performing a data processing function?  Please explain.  What is a PC based documentation system?  Please explain how it operates?  In particular, how does it capture still images? Is it scanning? Is it recording?  Please list all of the functions of this system and explain how each function operates.  What is its principal function?  Does the item meet Note 5A to Chapter 84 of the HTSUS?  What type of processor does it contain?  Is it a CPU with BIOS and memory? What type?  Are there any blocks in the system preventing the user from downloading any operating system or off the shelf software?  Can a user run Word if they want?  If not, please explain.    C. Does this system contain a tuner?  If so, what is the purpose of the tuner? Is the system transmitting?

If you decide to resubmit your request, please include all of the material that we have returned to you regarding item 2 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.

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 questions in Section B concerning item 2, contact National Import Specialist D. Faingar at 646-733-3010. If you have any questions regarding the questions in Section C concerning item 2 or the classification of item 3, contact National Import Specialist L. Cariello at 646-733-3014. If you have any other questions regarding the ruling, including the questions in Section A concerning item 2 or the classification of item 1, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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