CLA-2-90 OT:RR:NC:N2:235
Ms. Karia Herrera
R.L. Jones Customhouse Brokers
8830 Siempre Viva Rd.
Suite 100
San Diego, CA 92154
RE: The tariff classification of the Trial Stimulator from Mexico.
Dear Ms. Herrera:
In your letter dated June 12, 2015, on behalf of Greatbatch Medical SA., you requested a tariff classification ruling. No samples were submitted.
The item, which is identified as the Trial Stimulator model 4300, is described as an External Pulse Generator (EPG). The Trial Stimulator delivers mild electrical pulses to an area of the spinal cord. These electrical pulses modify the pain signals traveling from a pain site to the brain, altering how the brain perceives the pain. This is used as therapy to manage chronic pain of the trunk or limbs. The Trial Stimulator is used by physicians in a medical setting, in which a doctor performs a procedure where one or more leads are implanted into the patient’s spinal cord; the end of the leads come through the skin and are connected to a cable; the cable is then connected to the Trial Stimulator, which produces the electrical pulses that travel back through the leads to the spinal cord.
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You have suggested classification under tariff subheading 9018.19.9550, HTSUS, which provides for “Other instruments and appliances used in medical, surgical, dental or veterinary sciences: Electro-diagnostic apparatus (including apparatus for functional exploratory examination or for checking physiological parameters).” We disagree. The Trial Stimulator is used to deliver mild electrical pulses to a patient’s spinal cord as pain management therapy; it is not used for diagnostic purposes.
The applicable subheading for the Trial Stimulator model 4300 will be 9018.90.7560, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other therapeutic electro-medical instruments and appliances.” 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 Kimberly Praino at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division