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NY R03091




February 1, 2006

CLA-2-90:RR:NC:N1:105 R03091

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Ms. Claudia S. Maldonado
SSI Medical Technologies, LLC
24B Robert Porter Road
Southington, CT 06489

RE: The tariff classification of a Laparoscopic Casting Part 17-4PH from Canada

Dear Maldonado:

In your letter dated January 12, 2006, you requested a tariff classification ruling. No sample was submitted.

From the image you submitted of your item next to a ruler, it is a single piece of material, about 4 inches long and 1 inch wide, with a very elaborate molded shape. From the pictures on SSImedicaltech.com, its shape is that of a finger grip/shaft of the SSI Laproscopic Instruments for cutting, gripping, etc. You state that it is made of stainless steel as casting 17-4PH.

From its elaborate shape and the fact that, per vestshell.com, the maker specializes in made-to-order castings, we assume that you or your agent have supplied a drawing/specifications for this item.

Separately imported parts, if identifiable as parts of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of these particular items (see Headquarters Ruling Letter 965546, 8-2-02), are classified in its heading if not excluded from 90 by its Note 2-a or 1 or by HTS Add. US Rule of Interp. 1-c (see HRL 965968, 12-16-02.) Those exclusions do not appear to apply here.

The applicable subheading for the 17-4PH will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” instruments and appliances used in medical, surgical, dental or veterinary sciences and parts and accessories thereof. The rate of duty will be free.

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).

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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