CLA-2-90:S:N:N1:119 867880
Mr. Joseph R. Scranton
Items Unlimited
132-1 Route 522
Jamesburg, NJ 08831
RE: The tariff classification of Safety Blood Needle Holder and
Disposable Containers from Canada.
Dear Mr. Scranton:
In your letter dated October 10, 1991 you requested a tariff
classification ruling.
The merchandise to be imported consists of safety blood
needle holders and various size rigid plastic containers that are
puncture resistant. The safety needle holders and the disposable
containers are designed to provide a safe way of disposing of
contaminated needles, syringes and waste. You have furnished
three samples of the needle holders and two different size
disposable containers.
The needle holder has the appearance of a short
noncalibrated syringe barrel. It is used to hold a double-
pointed tubular needle. One point is inserted into the patient's
vein while a vacuum tube with a rubber stopper is introduced into
the barrel and pushed against the other point of the needle.
Blood is collected in that tube to be sent to the laboratory.
The main difference between this safety needle holder and
ordinary needle holders is a needle ejection lever which allows
the medical practitioner to eject the needle without touching it.
One of the two sample containers submitted is of one pint
capacity with an opening of only one inch in diameter. It is
intended for the disposal of needles only.
The second sample container has a capacity of one quart for
the disposal of about 20 syringes. It has a large opening but
with a double cover, one with flexible triangular flanges that
allow one way entry and a solid cover to seal off the opening
prior to disposal.
The applicable subheading for the safety blood needle holder
will be 9018.39.0050, Harmonized Tariff Schedule of the United
States (HTS), which provides for syringes, needles, catheters,
cannulae and the like; parts and accessories thereof: other. The
duty rate will be 4.2 percent.
The applicable subheading for the disposable plastic
containers will be 3926.90.9090, HTS, which provides for other
articles of plastics, other. The rate of duty will be 5.3
percent.
Goods classifiable under the above subheadings, which have
originated in the territory of Canada, will be entitled to a
reduced rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
The reduced rate for the needle holder under 9018.39.0050
will be 2.9 percent. The reduced rate for the plastic containers
under 3926.90.9090 will be 3.7 percent.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport