CLA-2:CO:R:C:G 087660 SR
Mr. Peter Fitch
Fitch, King and Caffentzis
116 John Street
New York, NY 10038
RE: Reconsideration of HRL 082498; surgical suture and needles
Dear Mr. Fitch:
This is in reference to your letter dated October 20, 1989,
requesting reconsideration of Headquarters Ruling Letter (HRL)
082498, dated March 14, 1989, which classified surgical sutures
and suture needles under the Tariff Schedules of the United
States (TSUS).
FACTS:
The merchandise involved is unsterile surgical suture
needles with suture strands attached. The needles, suture
strands, and packaging materials are all made in the United
States and sent to England where the strands of suture material
are cut to a length of 2 or 3 meters. The strands of suture
material are attached to needles then wound around a card and
packaged for the end user.
In a letter dated March 5, 1987 (079455 JGH), Customs
classified the merchandise at issue under item 709.27, Tariff
Schedules of the United States (TSUS), as medical instruments.
The importer requested a partial reconsideration of this ruling;
which became I/A 23/88 or HRL 082498. This ruling classified
sterile needles with attached suture gut under item 709.27, TSUS,
as medical, surgical instruments, other, other, other.
-2-
ISSUE:
What is the classification of sterile and non sterile suture
thread with needles attached.
LAW AND ANALYSIS:
The sterile and non-sterile surgical suture thread and
surgical needles are each provided for in the tariff schedules.
The surgical needles are provided for in item 709.2340, TSUS, as
medical, dental, surgical, and veterinary instruments, including
parts thereof, other, needles, other, other. The sterile suture
thread is provided for in item 495.1000, TSUS, as surgical
sutures, surgical suture materials, all the foregoing which are
sterile. Non-sterile suture thread is provided for under item
792.2400, TSUS, as articles not specially provided for, of gut,
if imported for use in the manufacture of sterile surgical
sutures. At issue is the classification of the needles and
suture thread when they are attached.
The importer claims that sutures imported with needles
already attached should be classified together as sutures because
of descriptive language in the legislative history provided in
the proposed bill for the Trade and Tariff Act of 1984. The
language reads: "When used in the manufacture of sutures, the gut
is cut to the appropriate length and a needle is added, resulting
in a non-sterile suture."
HRL 730999, dated December 12, 1988, ruled on the country of
origin of needles with suture thread attached. This ruling
stated that "the domestic processing of the surgical needles
results in a new article of commerce with a new name, character
or use, i.e., sutures. The surgical needles alone, prior to
processing, have no apparent use; it is only after the addition
of surgical thread that the article becomes known as a suture and
is suitable for use in surgery to bind body tissue."
Sterile needles with suture thread attached are classifiable
as suture as surgical sutures under item 495.1000, TSUS.
However, this tariff provision provides only for sterile sutures,
therefore, non-sterile sutures cannot be classified as sutures.
Item 709.27, TSUS, provides for medical instruments. This
provision is not limited to sterile medical equipment even though
almost all medical equipment must be sterilized before use.
-3-
HOLDING:
Surgical needles (whether or not sterile) are provided for
in item 709.2340, TSUS, as medical, dental, surgical, and
veterinary instruments, including parts thereof, other, needles,
other, other. Sterile suture thread is provided for in item
495.1000, TSUS, as surgical sutures, surgical suture materials,
all the foregoing which are sterile.
Non-sterile suture thread is provided for under item
792.2400, TSUS, as articles not specially provided for, of gut,
if imported for use in the manufacture of sterile surgical
sutures. Sterile surgical needles with attached sterile suture
gut are classifiable under item 495.1000, TSUS, as surgical
sutures, surgical suture materials, all the foregoing which are
sterile. Non-sterile needles with suture thread attached are
classifiable under item 709.2700, TSUS, as medical instruments,
other, other, other. HRL 082498, dated March 14, 1989, is hereby
modified accordingly.
Sincerely,
John Durant, Director
Commercial Rulings Division