The tariff classification of Passive Retro-Reflective Markers from Bulgaria

N188955 November 14, 2011 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.90.8080 Charles Parisi Parisi Services, Inc. P.O. Box 91217Los Angeles, CA 90009 RE: The tariff classification of Passive Retro-Reflective Markers from Bulgaria Dear Mr. Parisi: In your letters dated August 19 and October 3, 2011, for B&L Engineering, you requested a tariff classification ruling. Samples were provided in the retail packaging. You also supplied copies of letters, dated September 13 and 27, 2011 from B&L Engineering to NIS’s 414 and 422 of this office. The samples are essentially five grayish spheres about .8 inches in diameter which have a narrow opening at one location. They are placed on thin plastic posts on a thin plastic plate which is about 1.3 inches square. The balls shine dully in ambient light, but, as you indicate, they reflect back a particularly strong beam of light directly back in the direction of an incoming beam of light. They are imported in a sterile packet, and the packaging states that they are restricted to sale by or order of a physician by US law. Per the packaging, they are disposable, and, while maintaining a sterile environment, each sphere will be removed from its post and secured to an “M3 Threaded Mounting Pin.” From the information you have provided, these Mounting Pins are affixed to surgical instruments. Due to the precision placement of its reflective materials, the spheres’ ability to shine the incoming beam of light very intensely back in the direction of its source will enable a sophisticated Image Guided Surgery system with light receptors to determine more precisely the exact location of each sphere. From information previously input about the dimensions of the instrument, the system will then be able to calculate, e.g., the exact location of the point of the instrument. From information input about the dimensions of the patient, the system will then be able to calculate and display for the surgeon, e.g., the distance and direction from the point of the instrument to a specific location in the patient, even though the point cannot be seen because it is inside the patient. The surgical instruments which these will be used with are routinely classified in HTSUS 9018.90. Separately imported parts and accessories, if identifiable as suitable for use solely or principally as parts of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) are classified in its heading if not excluded from HTSUS Chapter 90 by its Note 2(a) or 1 or by HTSUS Additional US Rule of Interpretation 1(c) (see Headquarters Ruling Letters 965968, dated December 16, 2002, and 967233, dated February 18, 2005). We have determined that those exclusions do not apply. The applicable subheading for this sample will be 9018.90.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other" instruments and apparatus used in medical, surgical, 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