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NY R03768

May 10, 2006

CLA-2-90:RR:NC:N1:105 R03768


TARIFF NO.: 9021.10.0090

Ms. Marianne M. Handel
1690 Russell Road
Paoli, PA 19301

RE: The tariff classification of Components of External Midface Distractors from Switzerland

Dear Ms. Handel:

In your letter dated April 19, 2006, you requested a tariff classification ruling. No sample was submitted.

You state, “the external midface distractor is an osteogenesis device that attaches to the cranium and midface and is used to correct severe deficiencies and deformities by gradually lengthening the midface.”

You also state, “each component of the external distractor system is of high precision design, is made with surgical grade materials and is designed to withstand the rigors of steam sterilization. The entire system is moved into and used exclusively in the sterile field of the operating room environment.”

You indicate the parts for which you are requesting classification are ”external hardware (headframe, clamps, rods) screws (used in the external application) implantable hardware (pins, plates and roads) screws (to attach the internal parts to bone).”

Some of the elements will be inside the body, but most of them are outside, during the extended period the distractor will stay in place, pulling the patient’s midface out by the desired amount. None are intended to remain permanently.

We understand your information to indicate that each of the parts in question will be made to specifications developed for this device and that you could provide copies of those specifications if requested.

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

Harmonized System Explanatory Note II to 9021 indicates that certain items that might be considered to be excluded from 9021 by its Note 1-f as Parts of General Use remain in that heading.

These do not appear excluded from HTS Chapter 90 by its Note 2-a or 1 or by HTS Add. US Rule of Interp. 1-c.

We agree that the applicable subheading for the items in question will be 9021.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Orthopedic or fracture appliances, 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.


Robert B. Swierupski

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