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NY 818508

February 23, 1996
CLA-2-90:R:N4:119 818508


TARIFF NO.: 9021.90.8000; 9817.00.96

Mr. R.C. Ellison
Labtician Ophthalmics, Inc.
2140 Winston Park Drive, Unit 6
Oakville, Ontario, Canada L6H 5V5

RE: The tariff classification of Retinal Implants from Canada

Dear Mr. Ellison:

In your letter dated January 18, 1996 you requested a tariff classification ruling.

The articles to be imported are retinal implants used in surgical procedures to repair detached retinas. These retinal implants are not replacements for the retinas but are used in conjunction with another device called a Circling Band to stabilize a detached retina. The Silicone Circling Band is partly or completely wrapped around the eye to indent the tissue inward. The retinal implants are manufactured in the United States from 100 percent medical grade silicone and are then sent to Canada for sterilization, pouching, labeling and packing into cartons of 5 implants. The pouches are of U.S. origin.

The applicable tariff provision for the Retinal Implants will be 9021.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for orthopedic appliances... and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof... other. The general rate of duty will be 2.3 percent.

The Customs Service has previously ruled that a detached retina operation does not cure the condition which is generally triggered by a chronic ailment. Therefore, the retinal implants would be eligible for free entry under subheading 9817.00.96, HTS, which provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons... other. All applicable entry requirements must be met including the filing of form ITA-362P.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.


Roger J. Silvestri

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