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NY H82935

July 17, 2001

CLA-2-90:RR:NC:MM:105 H82935


TARIFF NO.: 9018. 90.60

Ms. Julie Galante
Research Assistant
Universal Robot Systems, LLC
2375 East Camelback Road
Fifth Floor
Phoenix, AZ 85016

RE: The tariff classification of Medical Apparatus from Germany

Dear Ms. Galante:

In your letter dated June 19, 2001, you requested a tariff classification ruling. No samples were submitted.

You described three products.

The URS E1 surgical robot system is “based on a computer controlled precision robot, equipped with flexible modular instruments designed specifically for the medical market...” A typical use is in Image-Guided Surgery, to “localize and therapeutically manipulate anatomical structures...” The robot’s footprint is 66 by 29 by 76 inches.

The Hummer “weighs less than 8 pounds with an oscillation frequency of 100 Hz, which allows it to cavitate the femur in less time than manual procedures or its competition, the Woodpecker. It can be used manually or in conjunction with the E1, surgical robot system.”

The ImpactCappa is a “surgical planning system.” The software enables the surgeon to upload images and convert them into three-dimensional arrays using a personal computer. The surgeon uses this to plan his surgical strategy, which can be loaded into the E1, surgical robot system.

Any software will be separately classifiable due to Note 6 to Chapter 85 of the HTS, and its value for Customs purposes will be only the value of the medium, not the value of the content. New York Ruling Letter B86452, dated June 19, 1997, noted.

The applicable subheading for the E1 and the Hummer will be 9018.90.60, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” electro-surgical instruments and appliances. The general rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

We are returning your request for a classification ruling regarding the ImpactCappa, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

An explanation of what exactly the import will consist of. In particular, is there any mechanical equipment other than a standard computer plus software on any media (including on a hard-drive). If so, what exactly is that equipment and how does it work?

Please include a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

In addition, as required by New York Pipeline Number 1688 dated December 19, 1988, please provide the following:

1. Two additional copies of this and any later submission (including any paper documentation). 2. The names and addresses of all interested parties, such as makers and/or suppliers. 3. The projected ports of entry of the commercial shipments of the products(s).

When this information is available, you may wish to consider resubmission of your request regarding the ImpactCappa. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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, regarding the E1 and Hummer. If you have any questions regarding this letter, contact National Import Specialist James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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