The tariff classification of disposable surgical instrument drapes from the Dominican Republic

N245526 September 6, 2013 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9018.90.6000 Mr. Steven Zisser Zisser Group Suite 1 9355 Airway Road San Diego, CA 92154 RE: The tariff classification of disposable surgical instrument drapes from the Dominican Republic Dear Mr. Zisser: In your letter dated August 20, 2013, for Intuitive Surgical Inc., you requested a tariff classification ruling. A sample was provided. The sample is a tubular piece of relatively thin, flexible, transparent plastic, about 10 feet long and varying in diameter from about 1 foot at the closed end to about 1.5 feet at the open end. It includes several separate plastic straps and, at the closed end, an integral, multi-piece plastic “tray” which has several, metal, electric connectors. It covers the robotic arm used in robotic-assisted surgeries. It is similar to the drapes used to cover operating room tables, etc., in that it is intended to block contaminants let loose during the procedure from reaching the item it covers and vice-versa. Those contaminants will then be removed prior to the arrival of the next patient by disposing of the drape. However, unlike ordinary drapes, the plastic tray with electrical connectors makes it part of an electrical circuit which will sound an alarm either if the drape was not used properly or if the sterile barrier between the robotic arm and the patient was breached during the surgery. Whether or not the robotic arm is, in itself, classifiable in Heading 8479, that heading does not provide for accessories. Via the attachment(s) on its end, depending on the procedure, the robotic arm of the robotic surgery system physically carries out the surgery. Separately imported accessories, if identifiable as suitable for use solely or principally as accessories of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of one particular item (see Headquarters Ruling Letter 965546, 8-6-02), are classified in its heading if not excluded from that heading by Note 2(a) or (c) to Chapter 90 or by HTSUS Add. US Rule of Interpretation 1-c (see HRLs 965968, 12-16-02, and 967233, 2-18-05) or from Chapter 90 by its Note 1. At minimum, its length and the electrical components identify this item as suitable for use solely or principally with a robotic arm in a robotic surgery system. We do not find any of the exclusions noted above to apply. We agree that the applicable subheading for the sample robotic arm drape 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 general 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, Myles B. Harmon Acting Director National Commodity Specialist Division