CLA-2-84:S:N:N1:105 873837
9018.31.0080, 9018.31.0090
Mr. L. Simmet
Minitube of America, Inc.
114 Shiloh Drive
Madison, WI 53705
RE: The tariff classification of artificial insemination
equipment from Germany
Dear Mr. Simmet:
In your letter dated April 17, 1992 you requested a tariff
classification ruling.
The five articles you plan to import for the artificial
insemination of sows and cows are: an "air-conditioned" box for
storing boar semen; containers for the sterilization and storage
of "Melrose: catheters; semen straw tweezers; artificial
insemination gun "Quicklock"; and "Multifit" and "Standard"
disposable artificial insemination sheaths.
The "air-conditioned" box, equipped for operation with 12V
DC, 110V or 220V AC, is available in two sizes: 12 and 25 liters.
A thermoelectric element cools or heats the box so that the semen
stored therein is automatically maintained at 63 degrees F. This
allows non-frozen boar semen to be stored for up to seven days.
It does not effect any change in humidity.
The sterilization containers are made of stainless steel and
are available in three size capacities: 9, 20 and 40 catheters.
They are tubular with removable top and bottom lids and a tray
with 9, 20 or 40 openings into which the catheters fit and which
suspends them. The top and bottom lids are removed and the tube
is lowered into a pot of boiling water to effect sterilization.
We note that there are no electrical or mechanical functions in
the cylinders.
While the two previous items are employed in the artificial
insemination of sows, the remaining three are used to inseminate
cows. The semen straw tweezers are made of stainless steel and
measure approximately 10 inches in length. They have special
grooves in both sides of the tip and are angled in a certain way
that allows manipulation of straws with small diameters that are
used in the storage of boar semen.
The "Quicklock" artificial insemination gun is in fact a
long slender syringe (18 inches approximately) consisting of a
stainless steel barrel and plunger, and a handle and locking
mechanism made of plastic.
The sheaths are made of plastic and have molded tips of
specific diameters to receive the semen-filled straws. Use of
these disposable sheaths over the insemination gun permits reuse
of the gun without sterilization.
The applicable subheading for the "air-conditioned" box for
boar semen will be 8419.89.5075, Harmonized Tariff Schedule of
the United States (HTS), which provides for machinery, plant or
laboratory equipment, for the treatment of materials by a process
involving a change of temperature . . . other than of a kind used
for domestic purposes: other: other. The rate of duty will be
4.2 percent ad valorem.
The applicable subheading for the sterilization container
will be 7326.90.9090, HTS, which provides for other articles of
iron or steel. The rate of duty will be 5.7 percent ad valorem.
The applicable subheading for the tweezers will be
8203.20.2000, HTS, which provides for pliers (including cutting
pliers), pincers, tweezers and similar tools and parts thereof.
The rate of duty will be 8 percent ad valorem.
The applicable subheading for the "Quicklock" artificial
insemination gun will be 9018.31.0080, HTS, and that for the
sheaths will be 9018.31.0090. These subheadings provide for
syringes, with or without their needles; parts and accessories
thereof. The rate of duty for both will be 8.4 percent ad
valorem.
Certain machinery, equipment and implements to be used for
agricultural or horticultural purposes are provided for under the
special classification provision of subheading 9817.00.5000, HTS.
Upon the submission of actual use certification, as provided for
in Section 10.131 - 10.139 of the Customs Regulations, the "air-
conditioned" box for boar semen, the "Quicklock" artificial
insemination gun and the plastic sheaths would be alternatively
classifiable in subheading 9817.00.5000, HTS, and would be free
of duty. However the sterilization container and the tweezers
are excluded from consideration under this provision by operation
Subchapter XVII Notes 2(ij) and 2(r) respectively. A copy of the
tariff page containing these Notes is enclosed.
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
Enclosure