CLA-2 CO:R:C:G 085088 JMH

Herbert J. Lynch, Esq.
Sullivan & Lynch
156 State Street
Boston, Massachusetts 02109

RE: Fistula needle set and I.V. administration set

Dear Mr. Lynch:

Your October 24, 1988, letter requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for fistula needle sets and I.V. administration sets on behalf of National Medical Care, Inc. has been referred to this office for a reply.

FACTS:

The articles in question are A.V. Fistula Needle Sets and I.V. Administration Sets. Both items are to be imported from Japan or Singapore.

The Fistula Needle Set consists of a 4-12 inch plastic tube which is fitted at one end with a 14-17 gauge, 1-1&1/2 inch stainless steel needle, needle guard and stabilizer, and fitted at the other end with a protective cap. Options for the set include backeyes, rotatable hubs and clamps. This apparatus is used clinically for the intravenous application of medication, blood serum, glucose solution, and sodium chloride solution. The device is used in gaining access to a patient's circulatory system.

The I.V. Administration Set consists of 48 inches of plastic tubing, with a drip chamber and spike at one end and a needle adapter with a protective covering at the other end. The article also has a clamp attached to the plastic tubing. I.V. Administration Sets are used for the intravenous application of medication, blood serum, glucose solution, and sodium chloride solution.

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ISSUE:

Issue 1: What is the appropriate classification under the HTSUSA for the A.V. Fistula Needle Set?

Issue 2: What is the appropriate classification under the HTSUSA for the I.V. Administration Sets?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..."

Issue 1

The appropriate classification, according to the terms of the headings, for the fistula needle set is within subheading 9018.39.00, HTSUSA. This subheading describes:

9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences....

9018.39.00 Syringes, needles, catheters, cannulae and the like; parts and accessories thereof...Other...

Dorland's Illustrated Medical Dictionary defines a cannula as "a tube for insertion into a duct or cavity; during insertion its lumen (cavity or channel within a tube or tubular organ) is usually occupied by a trocar (a sharp pointed instrument...used to puncture the wall of a body cavity...)." Dorland's Illustrated Medical Dictionary, pp. 262, 956, 1760 (1988). A catheter is defined as "a tubular, flexible, surgical instrument for withdrawing fluids from (or introducing fluids into) a cavity of the body..." Dorland's Illustrated Medical Dictionary, p. 284. Fistula is defined as "an abnormal passage or communication, usually between two internal organs, or leading from an internal organ to the surface of the body..." Dorland's Illustrated Medical Dictionary, p. 635 (1988).

The subject fistula needle set is a small, flexible, plastic tube inserted into a body cavity (a blood vessel) by a sharp pointed instrument (a needle). The tube acts as an abnormal passage from the blood vessel to the body surface. It allows blood or other fluids to enter or leave the vessel. Therefore, the fistula needle sets, by definition, are similar to "needles, catheters, cannulae and the like..." and properly classified within subheading 9018.39.00.

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Issue 2

You contend that the I.V. Administration Set is a "necessary and integral component in hemodialysis", and therefore, properly classified within subheading 9018.90.70203, HTSUSA, as "Electro- medical instruments and appliances and parts and accessories thereof...Other...Dialysis instruments and apparatus..." The provision for "dialysis instruments and apparatus" is a statistical breakout and can only be reached if the superior subheading for electro-medical instruments is reached.

The I.V. Administration Set in question is not an electro- medical instrument or appliance, since it does not operate by using electricity. Since the electrical functioning of a dialysis machine does not depend upon the use of an I.V. Administration Set, the I.V. Administration Set is not a part of such a machine. Nor is the I.V. Administration Set an accessory of an electro-medical instrument, since the set does not supplement or assist the functioning of the machine. An I.V. Administration Set is merely the disposable conduit through which blood flows between the patient and the machine. The set is used once and then thrown away. Such a conveyance system is not a part or an accessory.

The I.V. Administration Set is not an electro-medical apparatus, nor is it a part or an accessory of such an instrument. Therefore, the appropriate classificatin of the I.V. administration set is within subheading 9018.90.80, HTSUSA, as "Instruments and appliances used in medical, surgical, dental and veterinary sciences...Other instruments and appliances and parts and accessories thereof...Other..."

HOLDING:

The Fistula Needle Sets imported from Japan and Singapore are properly classified within subheading 9018.39.00, HTSUSA, as "Instruments and appliances used in medical, surgical, dental or veterinary sciences....Syringes, needles, catheters, cannulae and the like; parts and accessories thereof...Other..."

The I.V. Administration Sets imported from Japan and Singapore are properly classified within subheading 9018.90.80, HTSUSA, as "Instruments and appliances used in medical, surgical, dental and veterinary sciences...Other instruments and appliances and parts and accessories thereof...Other..."

Sincerely,

John Durant, Director
Commercial Rulings Division