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NY M87400




November 20, 2006

CLA-2-84:RR:NC:1:104 M87400

CATEGORY: CLASSIFICATION

TARIFF NO.: 8466.10.8030

Ms. Marianne Handel
Synthes (USA)
1690 Russell Road
Bldg. 2
Paoli, PA 19301

RE: The tariff classification of surgical tool holders from Switzerland

Dear Ms. Handel:

In your letter dated October 11, 2006, you requested a tariff classification ruling.

The items in question are coupling attachments used to accept a variety of surgical tools, including drill bits, saw blades, K-wires, cutting tools, etc. According to your letter, your firm’s terminology for these couplings includes “couplings”, “chucks”, “adaptors” and “attachments”. These devices attach the surgical tool to the drive unit. They do not contain any electrical components. In addition, the adaptor for the radiolucent drives does not contain optical elements of any kind. The purpose of these couplings is to securely hold the required tool while controlling the speed and torque of the drive unit. These couplings are similar in use to the chucks and adaptors used with regular power tools but are manufactured solely for use in the surgical environment. They are manufactured from high grade surgical stainless steel and are designed and constructed to withstand repeated sterilization. The couplings are as follows:

Drilling Speed Attachments
Jacobs Chuck, Quick Coupling for Drill Bits, Quick Coupling for K-Wires, Stryker J-Latch Coupling, Mini Quick Coupling and Large Quick Coupling

Reaming Speed Attachments
AO ASIF Reaming Attachment, Hudson Reaming Attachment, Trinkle and Modified Trinkle Reaming Attachment

Oscillating Saw Attachments
Used exclusively for attaching saw blades to the unit

Part Specific Attachment/Coupling
Adaptor for Radiolucent Drive, Drive Adaptors, Reduction Drive Unit

In your original submission dated August 22, 2006, you inquire as to whether or not these couplings are classifiable as “parts or accessories identifiable as suitable for use solely or principally” with the instruments or appliances of Chapter 90. Separately imported couplings, are excluded from Chapter 90 when they are, in and of themselves, included in any of the headings of Chapters 84 and 85. Following the rationale set forth in HQ 965523 dated September 9, 2002, pursuant to Note 2 (a) to Section XVI, Harmonized Tariff Schedule of the United States (HTSUS), and Note 2(a) to Chapter 90, classification of the devices as tool holders takes precedence over classification as parts of goods of Chapter 90.

The applicable subheading for the drilling speed attachments, the reaming speed attachments, the oscillating saw attachments and the part specific attachment/couplings will be 8466.10.8030, HTSUS, which provides for Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand: Other. Holders for replaceable cutting or drill inserts. The rate of duty will be 3.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in subheading 8466.10.01, HTSUS, under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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