CLA-2-90:S:N:N3:119 804379
Mr. Ricky Villena
Pronto Cargo Brokers, Inc.
P.O. Box 52-3113
Miami, FL 33152-3113
RE: The tariff classification of medical equipment from Japan
Dear Mr. Villena:
In your letter dated October 28, 1994 (received November 18,
1994 by this office), you requested a tariff classification ruling
on behalf of
Althin Medical, Inc. Miami, FL.
The articles to be imported are an Arterial-Venous Fistula Catheter Set,
an Arterial-Venous Blood Tubing Set and an I.V. Administration Set. The
fistula catheter set and I.V. set samples you furnished indicate Singapore
as the country of origin. No sample of the blood tubing set has been
furnished.
The A.V. Fistula Catheter Set (generally called A.V. Fistula Needle Set
in the trade) consists of a 12-inch plastic tubing which is fitted at one
end with a 17 gauge needle, needle guard and stabilizer and at the other
end with a Luer adapter and a protective cap. The marking on the sealed
envelope containing the article describes the needle as being siliconized
and having ultra-thin walls. The A.V. Fistula Catheter Set is used in
hemodialysis to gain access to a patient's circulatory system.
The arterial and venous components of the A.V. Blood Tubing Set consist
each of a main tubing line with secondary tubing branches and various
attachments such as drip chamber, pump chamber and clamps. The set is used
to convey blood from a patient to a kidney dialyzer and back.
The I.V. Administration Set consists of a plastic tubing approximately
58 inches long with a roller clamp, a drip chamber and spike attached at
one end, and a Y-adapter with injection site attached at the other. I.V.
administration sets are used in administering intravenous fluid generally
from plastic bottles or bags.
The applicable subheading for the A.V. Fistula Catheter (Needle) Set
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 rate of duty will be 4.2
percent.
The applicable subheading for the A.V. Blood Tubing Set will be
9018.90.7570, HTS, which provides for electro-medical instruments and
appliances and parts and accessories thereof... other. The rate of duty
will be 4.2 percent.
The applicable subheading for the I.V. Administration Set will be
9018.90.8000, HTS, which provides for instruments and appliances used in
medical, surgical, dental or veterinary sciences... parts and accessories
thereof... other. The rate of duty will be 7.9 percent.
Pursuant to Travenol Laboratories v. United States (Slip Op. 93-15), the
A.V. Fistula Catheter (Needle) Set and the A.V. Blood Tubing Set will be
eligible for free entry under the provision for articles specially designed
or adapted for the use or benefit of the blind or other physically or
mentally handicapped persons... other, in subheading 9817.00.96, HTS. All
applicable entry requirements must be met including the filing of the
Department of Commerce form ITA-362P.
The I.V. Administration Set is a general use article. It is not
specially designed or dedicated for use in hemodialysis and is therefore
not eligible for 9817.00.96. The I.V. Administration Set was not one of
the items before the court in the Travenol case cited above and is not to
be confused with the A.V. Blood Tubing Set identified by the trade name
"Miniprime" set in court documents filed by Travenol.
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.
The samples are being returned to your office as requested.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport