The tariff classification of medical booklets from Republic of Costa Rica

N233896 October 16, 2012 CLA-2-49:OT:RR:NC:2:234 CATEGORY: Classification TARIFF NO.: 4901.99.0092; 4901.99.0093 Mr. Daniel Hong Allergan, Inc. 2525 Dupont Drive Irvine, CA 92612 RE: The tariff classification of medical booklets from Republic of Costa Rica Dear Mr. Hong: In your letter dated October 1, 2012, you requested a tariff classification ruling. The samples submitted consist of three booklets pertaining to medical device products. The booklets will be used by medical professionals and their staff. They include instructions to doctors and counseling information for patients which pertain to the usage of the medical device. The booklets could range from 7 to 300 pages depending on its contents and multiple languages. The submitted samples are as follows: The “Directions for Use” booklet for the Lap-Band® Adjustable Gastric Banding System with the Access Port II and the “Direction for Use” booklets for the Lap-Band® Adjustable Gastric Banding System [9.75, 10.0, and VG] consists of 16 pages each. The system is designed to induce weight loss in severely obese patients by limiting food consumption. The band’s slip through buckle design eases laparoscopic placement around the stomach, allowing the formation of a small gastric pouch and stoma. No cutting or stapling of the stomach is required, and there is no bypassing of portions of the stomach or intestines. The “Directions for Use” booklet for the Natrelle® Silicone-Filled Breast Implants – Smooth & BIOCELL® Texture consists of 52 pages. The system is a saline-filled breast implant, which is constructed from a room temperature vulcanized (RTV) silicone elastomer, made of polydimethylsiloxane. The device is inflated to the desired size with sterile isotonic saline before implantation. Each implant is supplied sterile with a disposable fill tube and reflux valve. The applicable subheading for the booklets entitled “Lap-Band® Adjustable Gastric Banding System with the Access Port II - Directions for Use (DFU)” and “Lap-Band® Adjustable Gastric Banding System Booklets [9.75, 10.0, and VG] – Directions for Use (DFU)” will be 4901.99.0092, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: Other: Other: Other: Other: Containing 5 or more pages each, but not more than 48 pages each (excluding covers). The rate of duty will be Free. The applicable subheading for the booklet entitled “Directions for Use (DFU) - Natrelle® Silicone-Filled Breast Implants – Smooth & BIOCELL® Texture” will be 4901.99.0093, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: Other: Other: Other: Other: Containing 49 or more pages each, (excluding covers). 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 Albert Gamble at (646) 733-3037. Sincerely, Thomas J. Russo Director National Commodity Specialist Division