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NY B88497

August 29, 1997

CLA-2-85:RR:NC:1:108 B88497


TARIFF NO.: 8524.39.4000

Mr. Joshua Bloomfield
Technical Services Specialist
Tower Group International
6730 Middlebelt Road
Romulus, MI 48174-2039

RE: The tariff classification of Theraplan Plus Treatment Planning System Software from Canada.

Dear Mr. Bloomfield:

In your letter dated August 5, 1997, you requested a tariff classification ruling on behalf of your client, Theratronics International Limited. Technical literature and system specifications were provided.

The product to be imported is Theraplan Plus application software on a CD-ROM laser disc. This is described as a modular system using object-oriented methodology, commercial databases, and the latest operating system and visual language programming languages. It is used in radiation treatment planning by hospitals and physicians and is designed to run on a Windows NT 32 Bit Multi-Tasking Operating System. The graphical Windows interface is similar to Microsoft Word and Excel. It comes in three configurations (basic, standard, and professional), and, depending on the specific configuration, has such features as Patient Registration, Patient Data Acquisition, Anatomy Modeling, Photon and Electronic Unit Modeling, Beam's Eye View, 3D View, Observer's Eye View, etc., with options for DICOM 3 Interface and CT/MR Magnetic Tape Interfaces for importing images and plan information from a wide range of sources (the software does not provide images itself, but does provide the capability of manipulation of images and data once these are imported by the user). These features and options allow for image rotation, manipulation, panning and zooming, and precise dose calculations. The system uses highly accurate dose calculation algorithms evolved from internationally accepted calculation models.

The applicable subheading for the Theraplan Plus Treatment Planning software on CD-ROM laser disc will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[r]ecords, tapes and other recorded media for sound or other similarly recorded phenomena...: [d]iscs for laser reading systems: [o]ther: [f]or reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs." The rate of duty will be 2.8 percent ad valorem.

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 Harvey Kuperstein at 212-466-5672.


Robert B. Swierupski
Chief, Metals & Machinery Branch

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