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NY N011409

June 13, 2007



TARIFF NO.: 9021.90.8100

Ms. I. Fuller
Allergan, Inc
POB 19534
2525 Dupont Drive,
Irvine, CA 92623-9534

RE: The tariff classification of the EasyBand System from Switzerland

Dear Ms. Fuller:

In your letter dated May 16, 2007, you requested a tariff classification ruling. No sample was provided.

You state:
“The EasyBand Remote adjustable Gastric Band System, is a next-generation telemetrically-adjustable gastric banding device for the treatment of morbid obesity. The EasyBand device is surgically implanted around the upper stomach and can be adjusted when necessary according to each patient’s individual weight loss needs and results using a simple external control unit placed over the deviceWe also like to have all of the components of the EasyBand System classified as detailed in the exploded view just in case we find a need in the near future for spare parts of the system.”

From the page in your submission entitled Easyband Components, the principal components are the band, clip, sleeve, cable and antenna.

We agree that the applicable subheading for the Easyband will be 9021.90.8100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other" Appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability and parts and accessories thereof. The rate of duty will be free.

Regarding the 16 items pictured in the Exploded View, note that, per Customs Regulation 177.7-a, no ruling letter will be issued with regard to transactions or questions which are essentially hypothetical in nature.

Regarding those 16 items, we are returning your request for a ruling, and any related samples, exhibits, etc.

You apparently assume that all items imported for use as a part of a given device are classified in the parts or accessories provision of the HTSUS heading for the completed item. However, we need to determine for each item if it is excluded from that heading, in particular, by Notes 1 or 2-a to HTSUS Chapter 90 or HTSUS Additional U.S. Rule of Interpretation 1-c and to determine whether it is “identifiable as suitable for use solely or principally” with the instruments and apparatus of that Heading per General Harmonized System Explanatory Note III to its Chapter 90. Please submit the additional information indicated below:

A sample of each item if it weighs less than 2 pounds and costs less than $20.

Descriptive literature or a detailed explanation on the use of each item.

Descriptive literature or a detailed explanation on how each item operates/functions.

For each item, what physical characteristics, if any, identify it as a part or accessory of an article of 9021? Noting Headquarters Ruling Letter 965546, 8-2-02, is there an engineering drawing/specifications that would verify that the item was made specifically for the EasyBand?

Please limit your ruling request to a maximum of 5 items of the same class or kind. For example, items 11 through 13, the Antenna circuit, case base and case cover, would be of the same class or kind.

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 and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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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