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IA #86-09, Revision 7/8/96 - "DETENTION WITHOUT PHYSICAL EXAMINATION OF EXCIMER
           LASERS MANUFACTURED FOR EXPORT", Attachment                12/3/01

**NOTE:   In order to make this alert applicable to multiple manufacturers,
          the alert's title and problem sections have been revised removing
          references to Summit Technology. Changes appear between ***

TYPE OF
ALERT:    Detention without Physical Examination

NOTE:     This import alert represents the Agency's current guidance to FDA field
          personnel regarding the manufacturer(s)and/or product(s) at issue. It does
          not create or confer any rights for or on any person, and does not operate
          to bind FDA or the public.

PRODUCT:  Ophthalmic Excimer Lasers (See attachment for specific models).

PRODUCT
CODE:     86LZS

PROBLEM:  FDA/CDRH has received information which indicates that ophthalmic
          excimer lasers manufactured for export under Section 801(e)(2) are
          being imported into the United States for the purpose of commercial
          distribution.  These Class III products were manufactured prior to
          PMA approval *** and do not meet PMA specifications.***

          The software and specifications for these devices differ from the
          devices under the approved PMAs.  The software and specification
          differences however, are not discernable from an outside inspection
          of the device.  Most of the exported devices also do not contain a
          counting device used to monitor the number of procedures, and the
          labeling on the exported devices differs from that of the approved
          devices.  These previously exported devices are considered to be
          adulterated under the Act if they are sold or offered for sale in
          domestic commerce.

PAF:      AAP

PAC:      82007

COUNTRY:  All

MANUFACTURER/
SHIPPER:  See attachment

CHARGE:   "The article is subject to refusal of admission pursuant to Section
          801(a)(3) in that the device appears to be a Class III device that
          was exported under Section 801(e)(2) prior to approval of an
          application for premarket approval (PMA) and then introduced or
          delivered for introduction into interstate commerce for commercial
          distribution and which differs from the approved device.
          [Adulteration, Section 501(f)(1)(B)].

RECOMMENDING
OFFICE:   CDRH, DOE II, HFZ-330

REASON FOR
ALERT:    These devices were exported under Section 801(e)(2) prior to
          approval of the PMA and then introduced or delivered for
          introduction into U.S. interstate commerce for commercial
          distribution.  These devices are not the same as those approved
          under the PMA.

GUIDANCE: Districts may detain without physical examination the excimer lasers
          listed in the attachment if they are coming back into the U.S. for
          commercial distribution.

FOI:      No purging required.

KEYWORDS: Excimer, PMA, Export, Laser, Premarket Approval

PREPARED
BY:       Stella Notzon, DIOP, 301-443-6553.

DATE LOADED
INTO FIARS: November 3, 2001
Attachment: List of firms/products subject to detention without physical
examination-5/31/01

MANUFACTURER                  Importer       Models/SN

Autonomous Technologies                           LADARVision
2800 Discovery Drive                              Scanning Laser
Orlando, FL 32826                                 11/4/99
FEI # 3000209733

Chiron Technolas GmbH                             Keracor 116-versions
Max-Planck-Strasse 6                              mfg'd for non-U.S.
D-85609 Dornach                                   11/4/99
Munich, Germany                                   All Technolas
FEI # 1000586119                                  Excimer Laser
                                             Systems for non-
                                             U.S.

LaserSight Technologies                           No models should
Metro Free Zone                                   be imported
Barreal de Heredia                           11/4/99
Costa Rica
FEI # 1000661163

Nidek (Hiroishi Plant)                            EC-5000 versions
34-14 Meanhama Hiroishi-Cho                       mfg'd for non-U.S.
Gamagori Aichi 433                           11/4/99
Japan
FEI #3002839202                                   and All Excimer
                                             Laser Systems for
                                             non-U.S.
                                             5/31/01

Summit Technology        Hi-Line Medical               Summit ExciMed
21 Hickory Drive         Laguna Hills, CA              Laser System,
Waltham, MA 02154                                 OmniMed Excimer
FEI #1287364                                 Laser System &
                                             SVS Apex Laser
                                             Systems.
                                             S/N: All units with
                                             serial # beginning
                                             with 2XXX.

Summit Technology        Unknown                  *Summit OmniMed
21 Hickory Drive                                  Excimer Laser
Waltham, MA 02154                                 System, Summit
FEI #1287364                                 SVS Apogee EX & SVS
                                             Apex Plus EX Laser
                                             Systems

*CONTACT CDRH FOR SPECIFIC SERIAL NUMBERS (MARY LOU DAVIS, 301-594-4613).*

Summit Technology Ireland B.V.                    Versions mfg'd for
Cork Business and Technology Park                 non-U.S.
Model Farm Road                                   Apex Plus
Cork, Ireland                                OmniMed
FEI # 1000272072                                  Excimed
                                             Apex
                                             11/4/99

VISX, Inc.               Unknown                  VISX Excimer Laser
3400 Central Expressway                           System Models B&C
Santa Clara, CA 95051-0703                        for Phototherapeutic
FEI # 3000245144                                  keratectomy (PTK) &
                                             Photorefractive
                                             Keratectomy (PRK)

                                             Star-2 version mfg'd for
                                             non-U.S.
                                                                                          11/4/99