The tariff classification of an intragastric balloon removal instrument

N191555 November 22, 2011 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.90.80 Daniel Hong Allergan 2525 Dupont Drive Irvine, CA 92612 RE: The tariff classification of an intragastric balloon removal instrument Dear Mr. Hong: In your letter dated November 2, 2011, you requested a tariff classification ruling. No samples were provided. The merchandise at issue is referred to as the Bio-Enterics Intragastric Balloon (BIB™) System Removal Instrument. The removal instrument consists of two gastroscopic components: The Intragastric Balloon (IGB) Needle Aspirator and the IGB Wire Grasper (identified my model numbers Allergan # B-40813 and B-40814 respectively). The instruments are intended to be used to remove a previously implanted intragastric balloon from a patient’s stomach. Intragastric balloons are used in the treatment of obesity. They are inserted into a patient’s stomach and inflated, reducing the stomach’s ability to hold food and ideally causing a patient to lose weight. The removal process involves the insertion of a gastroscope into a patient’s stomach. The IGB Needle Aspirator is inserted into the working channel of the gastroscope to puncture and drain the balloon (the balloons can be filled with air or a saline solution). Once the balloon is emptied, the Needle Aspirator is removed from the gastroscope and the Wire Grasper in inserted to retrieve the balloon. You indicate that the BIB™ System Removal Instruments are supplied non-sterile and are re-usable.You suggest classification of the BIB™ System Removal Instruments in Heading 9018, which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences. The instruments at issue are clearly designed for use by a medical professional in professional practice to perform a surgical procedure on a patient. The removal instruments serve no other conceivable purpose, and their individual components, the Needle Aspirator and Wire Grasper, serve a function similar to the forceps, catheters, and suction tubes described in Harmonized System Explantory Notes (I)(A)(8) and (9). We agree that the applicable subheading for the BIB™ System Removal Instrument will be 9018.90.80, 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. 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