CLA-2-90:OT:RR:NC:N4:405
Mr. Ralph H. Sheppard
Meeks, Sheppard, Leo & Pillsbury
17354 Post Road, Suite 4
Fairfield, CT 06824
RE: The tariff classification of an Electrosurgery System and its components from various countries
Dear Mr. Sheppard:
In your letter dated March 9, 2010, on behalf of Ethicon, Inc. you requested a tariff classification ruling.
In your submission you describe the Gynecare Versapoint Bipolar Electrosurgery System. The system consists of several components. There is a bipolar generator, which is described as the control unit for the system. There are five specially configured 5 Fr. electrodes (ball-tip, spring-tip, twizzle tip, vaporizing tip, and bipolar loop). There is also a hysteroscope, a bipolar rectoscopic instrument, and an obturator. The system also comes with a specially designed connector cable that is designed to connect the various components to the bipolar generator, as well as a two-pedal foot switch, and a power cord. You state that each component is specially designed to work with the other components of the Electrosurgery System. You state that the system can be imported as a complete unit, but there will be occasions when the individual components are imported separately as replacement or aftermarket parts.
Based on the literature you provided, the system is designed to enable surgeons to “diagnose and treat various benign intrauterine pathology, including myomas, polyps, adhesions and septa, with a single intervention, as well as treat abnormal uterine bleeding by endometrial ablation.”
A surgeon uses the Bipolar Electrosurgery System by directing energy from the bipolar generator to the tissue of a patient using one of the five electrodes. The electrodes (which resemble long needles with a male connector plug on the end) are attached to the generator by the special connector cable. The electrodes allow a surgeon to vaporize, cut, and desiccate tissue. Each electrode is designed to achieve different tissue effects, and the electrode used will depend on what result the surgeon intends to achieve. Delivery of the charge is stopped and started by using the two-pedal foot switch, which plugs into the bipolar generator. We agree that the Bipolar Electrosurgery System is similar in form and function to the Electro-surgical apparatus described in Harmonized System Explanatory Note (V)(7) to Heading 9018. You suggest that the Electrosurgery System, when imported as a complete unit, should be classified under HTSUS 9018.90.6000, which provides for “Electro-surgical instruments and appliances…; parts and accessories thereof”. You feel the same classification should apply to the individual components of the system when they are imported separately. While we agree that the complete Bipolar Electrosurgery System would be classified under HTSUS 9018.90.6000, the same may not hold true for all of the individual components when imported separately.
Separately imported parts, if identifiable as suitable for use solely or principally as parts of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of this particular item (see Headquarters Ruling Letter 965546, 8-2-02), are classified in its heading if not excluded from HTSUS Chapter 90 by its Note 2-a or 1 or by HTSUS Add. US Rule of Interpretation 1-c (see HRLs 965968, 12-16-02, and 967233, 2-18-05.) In particular, Note 2(a) to Chapter 90 states that parts and accessories which are goods included in any of the headings of Chapters 84, 85, 90 or 91 (with a few exceptions that do not apply here) are in all cases to be classified in their respective headings.
The bipolar generator, the control unit and electrical generator for the entire system, is essential to the system’s function and is not covered by any one heading cited in Note 2-a. The five special electrodes and the obturator are clearly designed to function with the bipolar generator to complete the Electrosurgery System. Each device resembles a specially designed medical instrument and they are likewise not covered by any one heading cited in Note 2-a.
Regarding the hysteroscope, the bipolar resectoscopic system instruments, the connector cable, the two-pedal foot switch, or the power cord, we need additional information before we can provide a definitive classification for those parts when imported separately.
The applicable subheading for the Gynecare Versapoint Bipolar Electrosurgery System, when imported as a complete unit, 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.
The applicable subheading for the bipolar generator, the five electrodes, and the obturator when imported separately, 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.
Regarding the hysteroscope, the bipolar resectoscopic system, the connector cable, the two-pedal switch, and the power cord, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:
Regarding the hysteroscope and the bipolar resectoscopic system, explain in detail their specific function, especially in regard to the ability of the system to “diagnose.” Are they similar to the diagnostic endoscopes described in Harmonized System Explanatory Note II – O to 9018? If so, in what way(s)? What are the 30° and 12° 4.0mm rod lens STORZ mounts? Regarding the power cord and the connector cable, what is the maximum voltage the cables can handle? Are the cables imported with the connectors attached? How many conductors/wires are contained within the cables, and in what configuration (coaxial, twisted pair, etc)? Regarding the two-pedal foot switch, how many switches does the foot switch contain? What are the voltage and amperage ratings of the switches? What type of switches are they (momentary contact, push button, slide, limit, etc)? If possible, please provide samples of the connector cable, power cord, and two-pedal foot switch, provided they weigh less than five pounds and are valued at less than $50 apiece.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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