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NY 898509

June 22, 1994

CLA-2-90:S:N:N3:119 898509


TARIFF NO.: 9021.11.0000; 9817.00.96

Mr. John S. Rode
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of components for hip prosthesis systems from Great Britain and Germany

Dear Mr. Rode:

In your letter dated May 23, 1994, you requested a tariff classification ruling on behalf of DePuy Inc., Warsaw, Indiana.

The articles to be imported are the following: femoral stems with and without heads, finished and unfinished; femoral heads; one-piece acetabular cups; shells and liners of acetabular cups.

Based on the samples you furnished, the unfinished stems are identical in shape to the finished products. The differences are in surface texture and polish.

The liners are hard plastic dome-shaped articles that fit into the cup shell and provide the contact surface between the femoral head and the acetabular cup.

In your letter you state that the stems, heads, cups, shells and liners are imported and sold not as sets but separately since the size of each component to be used will vary with the individual patient.

The applicable subheading for all the above prostheses will be 9021.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial joints and parts and accessories thereof. The rate of duty will be 7.2 percent.

In regard to the applicability of the Nairobi Protocol, the subject prostheses in their imported condition are designed to replace distinct and identifiable parts of the human anatomy (viz., the liner for the cotyloid ligament, the shell for the capsular ligament) and are therefore not parts but articles. As such they are 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 Section 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.


Jean F. Maguire
Area Director

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