The tariff classification of the DRUGCAM® from France

N297680 July 3, 2018 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.49.9000 Benoit Tamarelle Eurekam 1 Rue Alexander Fleming La Rochelle, 17000 France RE: The tariff classification of the DRUGCAM® from France Dear Mr. Tamarelle: In your letter dated June 6, 2018, you requested a tariff classification ruling. The product at issue, identified as the DRUGCAM®, is described as an intelligent video system intended for use in pharmaceutical laboratories. The DRUGCAM® is designed to facilitate drug compounding by monitoring and validating the proper ingredients, dosages, and other variables when creating pharmaceutical preparations. Incorporating three cameras and a monitor, the DRUGCAM® device rests on a wheeled platform and is designed to be placed in close proximity to a drug compounding workstation. During the compounding process, the DRUGCAM® assists an operator by verifying and validating the active ingredients and excipients used in the production process (often by reading a product barcode). The DRUGCAM® also utilizes what is referred to as computer vision technology to verify dosages (in vials or syringes), and ensures that they conform to pre-established parameters. Based on the information provided, the DRUGCAM® is designed to assist an operator in the making of complex pharmaceutical preparations (including those for chemotherapy), and ensuring that said preparations conform to precise standards. In this respect the DRUGCAM® serves a function not unlike that of the ampul inspection machines discussed in United States v. Corning Glass Works, 586 F.2d 822, decided by the US Court of Customs and Patent Appeals in 1978. Like the ampul inspection machines at issue in the aforementioned case, the DRUGCAM® is designed to determine whether a product, in this instance pharmaceutical preparations, conform to an imperfection-free standard. The applicable subheading for the DRUGCAM® will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: Other: Other. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Evan Conceicao at evan.m.conceicao@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division