CLA-2-90:S:N:N3:119 895684
Mr. Kent Paulsen
Cal Pacifico of California
1300 Quail Street, Suite 208
Newport Beach, CA 92660-2777
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Solution Administration Sets from Mexico
Dear Mr. Paulsen:
In your letter dated February 28, 1994, received March 16, 1994 by this office, you requested a ruling on the status of two solution administration sets from Mexico under the NAFTA. The request is being made on behalf of Imed Corporation, San Diego, CA.
The two sets are assembled in Mexico from components made in the United States, Ireland, Italy or other foreign countries and are marketed under the names Gemini and Accuset.
The various components used in the two sets include drip chamber, Y site, slide clamp, roller clamp, luer adapter and protection cap. The Accuset has a cassette attached which fits into an electronic infusion pump. It is apparent from the drawing furnished that the Accuset is dedicated for use with the pump and would not be used otherwise.
A section of the tubing of the Gemini set is made of silicon rubber which is more resilient than plastic and is suitable to be used with the type of pump which regulates the flow of liquid by compressing and releasing that part of the tubing. The Gemini set can operate by gravity just as any other standard solution administration set and will be classified accordingly.
With the exception of the cassette all the foreign components used in the two sets are classifiable in 9018.90.8000 since they are used principally in standard solution administration sets or in some cases in such sets as well as in articles of 9018.39.0000.
The applicable tariff provision for the Gemini solution administration set will be 9018.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences... parts and accessories thereof... other. The general rate of duty will be 7.9 percent
The applicable tariff provision for the Accuset solution administration set will be 9018.90.7560, HTSUSA, which provides for electro-medical instruments and appliances and parts and accessories thereof... other. The general rate of duty will be 4.2 percent.
The two solution administration sets do not qualify for preferential treatment under the NAFTA for the following reasons:
The Gemini and Accuset solution administration sets will not be made exclusively from originating materials.
The non-originating materials (other than the cassette) used in the production of the Gemini and Accuset administration sets will not undergo the change in tariff classification required by General Note 12(t)/90 HTSUSA, line 46: A change to subheading 9018.90 from any other heading.
The Gemini solution administration set will not meet the exception to the above tariff classification change rules regarding goods and parts thereof classifiable in the same heading or subheading as stated in General Note 12(b)(iv)(B): "the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts". The Gemini set and the parts are provided for in a basket provision that does not specifically describe the goods themselves and the parts.
The Accuset solution administration set will not meet the exception to the above tariff classification change rules regarding goods and parts thereof classifiable in the same heading or subheading as stated in General Note 12(b)(iv)(B) -cited above- because the set and some of the non-originating materials are classified in two different subheadings of the same heading.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
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.
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport