CLA-2-90:OT:RR:NC:2:235
Ms. Marjorie G. McIntyre
Allergan
2525 Dupont Drive
Irvine, CA 92620
RE: The tariff classification of “PREFOLD” and “EARFOLD INTRODUCER” from an undisclosed country
Dear Ms. McIntyre:
In your letter dated April 20, 2017, you requested a tariff classification ruling on “PREFOLD” and “EARFOLD INTRODUCER.” In your submission, you have described “PREFOLD” as a temporary ear insert for medical use. This device is a gold-plated nitinol clip, supplied as a reusable, nonsterile device that is used preoperatively to determine the suitability of a patient for treatment with “Earfold.” “Earfold” is a surgically implanted device intended to compensate for a defect in the appearance of patients’ ears.
The applicable subheading for “PREFOLD” will be 9021.90.8100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Other: Other. The general rate of duty will be Free.
The second item, “EARFOLD INTRODUCER,” is described as an instrument used to hold the “Earfold” implant in a flattened position before deployment. The “Earfold” implant is pre-loaded onto the “EARFOLD INTRODUCER,” both are sterilized, packaged, and supplied for use.
You have suggested classification in 9021.90.8100, HTSUS; however, we have found that to be incorrect, because the “EARFOLD INTRODUCER” does not meet the terms of heading 9021, as an orthopedic appliance. Medical instruments are specifically provided for in heading 9018, HTSUS.
The applicable subheading for “EARFOLD INTRODUCER” will be 9018.90.8000, HTSUS, which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other: Other: Other 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 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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division