CLA-2-90:OT:RR:E:NC:N1:105
Mr. Michael D. Mazzarella
Expeditors International of Washington, Inc.
3 Technology Drive
Peabody, MA 01960
RE: The tariff classification of a Digitizer from Germany.
Dear Mr. Mazzarella:
In your letter dated December 5, 2008, for AGFA Materials, you requested a tariff classification ruling. No sample was provided.
You state:
The CR 85.X Digitizer is a high speed digitizer used primarily in hospitals and other medical facilities in the field of Computed Radiography (CR). Computed Radiography (CR) allows users to move from analog to digital images. CR readers replace x-ray cassettes (which use x-ray film) with CR cassettes (which use imaging plates). The CR 85.X Digitizer automatically takes the imaging cassettes from the input buffer and scans them. It then digitally displays the images on a workstation, erases the imaging plates, and returns the cassette to the output buffer for reuse.
The 4 page AGFA brochure regarding the CR 85-X, which you forwarded, states that it also “reads the demographic data from the memory on the cassette.”
You propose classification in HTSUS 9018.90.75, citing Headquarters Ruling Letters 960262 and 960292, both dated 10-20-98 and both concerning the LR 3300 and LR 3300P Laser Imaging Systems. However, both rulings state, “The laser imagers contain two main components: a controller and an imager. The controller is described as a dedicated, central processing unit (CPU) that receives video and/or digital signals sent by diagnostic equipment, such as computed tomography (CT) scanners, magnetic resonance machines (MRI), and sonograms, from any location in a hospital. The controller configures the signals into electronic images in paginated format and then transmits the images to the imager. Once received, the imager records the configured images onto a special film by means of a HeNe laser, which scans the film in a raster fashion. In the case of the LR 3300 laser imager, a separate film processing unit reproduces the film. In the case of the LR 3300P model, the film processing unit is integrated into the laser imager. Each controller is able to serve three separate diagnostic units, so that, for example, two MRIs and one ultrasound machine may simultaneously work with the merchandise.”
Thus, 960262/92 ruled upon an item whose input was electronic information from various diagnostic devices, not exposed x-ray cassettes/imaging plates.
HRL H011145 KSH, 8-16-07, applied HTSUS 9018.19.95 to four Computed Radiography Systems, described as follows:
“They are designed and dedicated exclusively for use in computed radiography for medical purposes. The CRSs scan from the cassette feed slot one or more phosphor plate cassettes that have been exposed by radiation emitted from an x-ray tube with a laser. The CRSs will produce a digital image from the phosphor plates and store and organize those images electronically. The CRSs also provide for the entry, storage and editing of examination and patient information with the corresponding images. The information may be entered from a network external drive, a bar code reader built into the CRS or a virtual keyboard displayed on the CRSs touch screen monitor. The CRS systems all incorporate an internal computer programmed with proprietary software, a touch screen monitor; a cassette feed slot or cassette transport table, an internal uninterruptible power supply and a bar code reader in the CR 800 and 850 systems.”
Their input is thus exposed x-ray cassettes/imaging plates, as in your item. While they have additional functions, your item, like them, “is primarily used in a hospital or professional practice to view x-rays...”
H011145 explicitly ruled out classification in HTSUS 9022 for those items.
The applicable subheading for the CR85.X will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Electro-diagnostic apparatus. 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 J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division