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NY B89463

October 9, 1997

CLA-2-90:RR:NC:1:119 B89463


TARIFF NO.: 9018.50.0000; 9817.00.96

Mr. Michael J. Hall
Columbia Shipping Inc.
70 Jansen Avenue, Suite 202
Essington, PA 19029

RE: The tariff classification of a Hanna Trephine Blade from England

Dear Mr. Hall:

In your letter dated September 8, 1997 you requested a tariff classification ruling on behalf of Microtech Inc., Doylestown, PA 18901.

The article to be imported is a Hanna Trephine Blade. It is a circular blade with three prongs and a cutting edge 8mm in diameter. It is used in a hand instrument for the cutting of corneas in corneal transplantation.

The applicable subheading for the Hanna Trephine Blade will be 9018.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ophthalmic instruments and appliances and parts and accessories thereof. The rate of duty will be 4 percent.

The Customs Service has previously ruled that corneal transplantation is not a curative procedure that would be subject to U.S. Note 4(b)(iii) of Subchapter XVII, Chapter 98 which excludes therapeutic and diagnostic articles from consideration under the Nairobi Protocol. The Hanna Trephine Blade would therefore 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 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 Jacques Preston at 212-466-5488.


Robert B. Swierupski

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