N356696

N356696 December 31, 2025 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification; Origin; USMCA TARIFF NO.: 9018.90.7580 Frank Kaliner Avanos Medical Sales, LLC 5405 Windward Pkwy, Suite 100 Alpharetta, GA 30004 RE: The tariff classification, country of origin, and United States-Mexico-Canada Trade Agreement (USMCA) eligibility of a conventional radio frequency probe Dear Mr. Kaliner: In your letter dated December 3, 2025, you requested a ruling for the tariff classification, country of origin for marking purposes, and eligibility of a conventional radio frequency probe under the USMCA. Additional information was provided by email dated December 18, 2025. The product under consideration is a conventional radio frequency (RF) probe. It consists of a thermocouple, a Radel handle, a three-conductor cable, a Radel cap, a four-pin connector, heat shrinks, and a plastic protective sheath. The RF probe is a component of an RF ablation system, a pain management system that uses heat from RF energy to disrupt pain signals from specific nerves. The RF ablation system consists mainly of an 80-watt RF generator, cables, probes, and cannulas. The system works by inserting the desired cannula into the patient’s body. The cannula is then replaced by a probe that is placed adjacent to the nerve transmitting the pain. The generator produces a high-frequency radio wave current that is sent through the wires into the probe. The radio frequency waves will activate the ions present, resulting in friction and heat. This process, called ionic heating, will burn the targeted nerve. The lesion prevents the pain signals from flowing through that nerve for up to twelve months. The process of making the RF probe will take a raw material hypo-tube, change it into a thermocouple, and then further transform it into the RF probe. The hypo-tubes are a raw material from the United States or South Korea used to make the finished RF probe. The purchased hypo-tubes are seamless T304 stainless steel and come in various lengths and diameter s. The various tube lengths are shipped in pre-cut lengths with deburred “squared off ends.” The tubes are considered unfinished and not coated. The hypo-tubes are imported into Mexico and then processed into a thermocouple subassembly. A thermocouple is two dissimilar metals, joined at one end, to measure temperature. This subassembly process includes tinning, ultrasonic washing, and laser welding. Tinning is a specialized process of coating a portion of the hypodermic tube with silver solder ribbon, which is sourced from the United States. After soldering, the tube is then washed in a specialized ultrasonic washing machine. Next, a constantan wire made in the United States is inserted into the tube and laser welded into a dome. A constantan wire is a copper-nickel alloy wire that is used as a heating element in the probe. Prior to shipping to Mexico, the constantan wire is coated with a red polyimide insulated coating. The dome is formed as a result of the laser welding between the stainless steel hypo-tube end and the constantan wire protrusion. The dome covers the end of the tube that will be ultimately used on a patient. The preceding processes describe the changes from a raw hypo-tube into a new thermocouple subassembly. The subassembly consists of the hypo-tube (outer shell), capped with a laser welded dome, and a constantan wire that runs through the middle of the hypo-tube. However, the other end of this subassembly remains unfinished. The final processes will finish the RF probe, which is made from the thermocouple subassembly. These processes include attaching the thermocouple subassembly to a handle, adding multiple wires, and attaching an electronic connector that will allow connection to the radio frequency generator. The thermocouple sub assembly is attached to the Radel handle using an epoxy adhesive. The Radel handle is molded in Mexico from a plastic resin. The plastic sheath is made in the United States and is used to protect the RF probe during shipping and until used by a clinician. Within the Radel handle, the thermocouple is attached to a three-wire, insulated cable. The cable, without any connectors, is imported into Mexico from a United States or China manufacturer. The other end of the cable is connected to a four-pin connector. You state that the country of origin of the connector is Hungary. The connectors are attached to the wires using U.S. rosin core solder. The finished product is now a Standard RF probe that will connect to the RF generator (not included). The probe is packaged and shipped to the US. Classification: You suggest the tariff classification of the RF probe as a cannula under subheading 9018.39.0050, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. The RF probe is dissimilar to a cannula in terms of its composition, use, and function. It will be classified elsewhere. The applicable subheading for the RF probe will be 9018.90.7580, 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 instruments and appliances and parts and accessories thereof: Other: Electro-medical instruments and appliances and parts and accessories thereof: Other: Other: Other.” The general rate of duty will be free. The duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on the Trade Remedy/IEEPA page at https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ. USMCA: The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note ("GN") 11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. GN 11(b) states: For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a "good originating in the territory of a USMCA country" only if- (i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries; (ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials; (iii) the good is a good produced entirely in the territory of one or more USMCA countries using non-originating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o)); In this case, the hypo-tube c

set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Fei Chen at fei.chen@cbp.dhs.gov. 
Sincerely,
 (for) Evan Conceicao Designated Official Performing the Duties of the Division Director National Commodity Specialist Division