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NY H82972

July 27, 2001

CLA-2-90:RR:NC:MM:105 H82972


TARIFF NO.: 9018.19.95, 8518.10.8030, 8525.30.90, 9402.90.0020

Mr. Bryan True
Livingston International
6700, ch. De la Cote-de Liesse
Suite 202
Saint-Laurent QC, Canada H4T 1E3

RE: The tariff classification of EEG Systems and its elements exported from Canada

Dear Mr. True:

In your letter, dated June 14, 2001, received here on June 28, 2001, for Stellate Systems, you requested a tariff classification ruling.

Your first issue concerns imports of the full system, which includes an Amplifier Kit, a Photic Kit, an Audio Kit, a Video Kit, a Cart Kit, and a Computer Kit. The combination of items is not described by any heading and does appear to be usable only in sleep and epilepsy brainwave imaging, which relates to electro-diagnosis and/or the checking of physiological parameters covered by HTS 9018.11 to .19.

When imported separately, many of the Kits are excluded from Chapter 90, especially by its Note 2-a and/or Note 1-h.

We do not agree that the Audio Kit, which contains essentially a microphone and its amplifier, but no loudspeaker, is classifiable in 8518.50.

We do not agree that the Cart Kit, which contains a three shelf cart on wheels plus some connecting hardware is classifiable in 9018. Medical Furniture is excluded from Harmonized System Heading 9018 by its Explanatory Note Exclusion p.

We understand that the Video Kit captures live motion in real time.

We agree that the applicable subheading for the full system will be 9018.19.95, Harmonized Tariff Schedule of the United States (HTS), which provides for electroencephlographs (EEG) and the parts and accessesories thereof. The general rate of duty will be free.

The applicable subheading for the Audio Kit will be 8518.10.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” microphones and the stands. The general rate of duty will be 4.9 percent ad valorem.

The applicable subheading for Cart Kit will be 9402.90.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” medical, surgical, or veterninary furniture. The general rate of duty will be free.

We agree that the applicable subheading for theVideo Kit will be 8525.30.90, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” television cameras. The general rate of duty will be 2.1 percent ad valorem.

You state, “Please indicate what origin should be declared as it relates to the classification established for the goods.” The classifications given are not dependent on the country of origin of the goods, and vice versa.

Regarding the Amp Kits, the Computer Kits, and the Photic Kits, separately importetd, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Samples, photographs, drawings or other pictorial representations of the items(s).

Descriptive literature or a detailed explanation on the use of the item(s).

Descriptive literature or a detailed explanation on how the item(s) operate/function.

Clarification of exactly what elements will and will not be in the shipments. Treat each shipment with different major accessories as a separate item.

Specifically concerning the Amp Kits, noting that measurement amplifiers are cited in EN 9 to HS 8543, what physical features, if any, would enable an expert in measurement devices to identify these amplifier-recorders to be ones suitable for use in amplifying-storing the output of devices that measure physiological parameters such as Pulse rate and EEG’s, as opposed to the output of non-physiological measuring devices.

Specifically concerning the Photic Kits, a. Is the Grass PS-40 photic stimulation kit photographic flashlight apparatus? In other words, is this flash lamp used in still photography? b. The descriptive literature states that the flash lamp can be attached directly to camera mounts. What type of camera(s) does the flash lamp work with?

Please limit your ruling request to a maximum of 5 items of the same class or kind.

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. 2 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.

When this information is available, you may wish to consider resubmission of your request in regard to the Amp, Photic, and Computer Kits. If you decide to resubmit your request, please include all of the material that we have returned to you regarding them 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

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 the merchandise ruled upon is imported. If you have any questions regarding the above, contact National Import Specialist James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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