The tariff classification of an electrosurgical unit from Germany.

N028375 May 30, 2008 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9018.90.6000 Mr. Steven Draffen Olympus Imaging America, Inc. 3500 Corporate Parkway P.O. Box 610 Center Valley, PA 18034-0610 RE: The tariff classification of an electrosurgical unit from Germany. Dear Mr. Draffen: In your letter dated May 6, 2008, you requested a tariff classification ruling. No sample was provided. As your only description, you provided the 65 page Instructions for Use for the Olympus ESG-100. Per its 1.1, the Intended Use is stated to be, “The ESG-100 is an electrosurgical unit for tissue coagulation and cutting in general and endoscopic surgery…” Per its 4.1.2, the mode displays are for cutting, pulse cutting, soft coagulation, forced coagulation, etc. Harmonized System Explanatory Note V-7 to its 9018 includes: “Electrosurgical apparatus. These utilise highfrequency electric currents, the needle, probe, etc., forming one of the electrodes. They can be employed to cut tissues (electrocutting) with a lancet (electric lancet), or to coagulate the blood (electrocoagulation). Certain combined instruments may, by the use of control pedals, be made to act interchangeably as electrocutters or electrocoagulators.” (Bold in original) We consider your item to be similar for classification purposes. The applicable subheading for the ESG-100 will be 9018.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electro-surgical instruments and 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division