The tariff classification of an OrthoPilot System from Germany.

N045304 December 16, 2008 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9018.90.8000 Mr. Karl Krueger DHL Global Forwarding 2660 20th St. Port Huron, MI 48060 RE: The tariff classification of an OrthoPilot System from Germany. Dear Mr. Krueger: In your letter dated November 14, 2008, for Aesculap Implant Systems, Inc., you requested a tariff classification ruling. No sample was provided. You state: “To use the OrthoPilot, the surgeon first places the patient’s leg in a holding sleeve, which is screwed into place on either side of the knee. Two small transmitters are placed along the leg, and their locations are tracked by an infrared camera. OrthoPilot’s infrared camera tracks all movement of the transmitters and relays that information to the computer, which, in turn, presents an anatomic drawing of the knee displaying all relevant axis, angles, and distance. A screen displays a computer model of the leg, and the navigation system guides the surgeon throughout the procedure: cutting bone, placing the implants, and aligning the leg, as well as balancing soft tissue. Any misalignments are displayed, and corrections suggested, in real time. It is thus possible for the surgeon to make much finer adjustments when implanting and aligning the knee prosthesis than with the traditional method.” We consider it to be similar for classification purposes to the Navigation Image Guided Surgery system described in New York Ruling Letter L88457 - 105, 11-30-05. The applicable subheading for the OrthoPilot System 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 National Commodity Specialist Division