CLA-2 CO:R:C:M 952884 RFA
Regional Commissioner of Customs
c/o Protest and Control Section
6 World Trade Center
Room 762
New York, NY 10048-0945
RE: Protest No. 1001-92-102080; Tubular Metal Needles;
Cannulae; Syringes; 9018.39.00; HQ 085088; HQ 086015
Dear Regional Commissioner:
The following is our decision regarding the Protest and
Request for Further Review No. 1001-92-102080, dated March 20,
1992. The protest was filed against your liquidation of the
entry of certain merchandise which was classified in subheading
9018.32.00, Harmonized Tariff Schedule of the United States
(HTSUS).
FACTS:
The merchandise, made of stainless steel, is a hollow,
tubular needle measuring 1 1/2 inches in length. It has a
pointed edge on both ends.
ISSUE:
Are double-pointed needles classifiable as cannulae or as
tubular needles?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
The importer stated that the merchandise should be
classified as double pointed cannulae under subheading
9018.39.00, HTSUS, which provides for: "Instruments and
appliances used in medical, surgical, dental or veterinary
sciences, . . .; parts and accessories thereof: [s]yringes,
needles, catheters, cannulae and the like; parts and accessories
thereof: [o]ther. . ." The importer believes that the dictionary
definition of "cannula" is quite vague and then relies on
information from the medical supply industry to define the
merchandise to support his claim.
However, in HQ 086015, dated January 10, 1990, and in HQ
085088, dated March 12, 1990, we cited the dictionary definition
of "cannula" as follows:
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).
The importer argues that the merchandise cannot be
classified as a needle because there is no hub attached to it.
According to the importer, a needle is a cannula with an attached
hub which is used to attach it to a syringe. Stedman's
Illustrated Medical Dictionary (199), p. 1027, defines "needle"
as a "1. A slender, usually sharp-pointed, instrument used for
puncturing tissues, suturing, or passing a ligature around an
artery. 2. A hollow n[eedle] used for injection, aspiration,
biopsy, or to guide introduction of a catheter into a vessel or
other space."
Based upon HQ 086015 and HQ 085088, we find that the subject
merchandise does not meet the definition of cannulae. Upon
examination of the sample, we find the merchandise to be a
tubular needle. Tubular needles are classifiable under
subheading 9018.32.00, HTSUS, which provides for: "Instruments
and appliances used in medical, surgical, dental or veterinary
sciences, . . .; parts and accessories thereof: [s]yringes,
needles, catheters, cannulae and the like; parts and accessories
thereof: [t]ubular metal needles and needles for sutures and
parts and accessories thereof. . ."
HOLDING:
The submitted merchandise is classifiable under subheading
9018.32.00, HTSUS, which provides for: "Instruments and
appliances used in medical, surgical, dental or veterinary
sciences, . . .; parts and accessories thereof: [s]yringes,
needles, catheters, cannulae and the like; parts and accessories
thereof: [t]ubular metal needles and needles for sutures and
parts and accessories thereof. . ." . The column 1, general rate
of duty is 6.4 percent ad valorem.
The protest should be denied in full. A copy of this
decision should be attached to Customs Form 19 and provided to
the protestant as part of the notice of action on the protest.
Sincerely,
John Durant, Director