CLA-2-90:S:N:N3:119 882361

Mr. David P. Lang
Novacon Corporation
2514 7th Avenue E. - Suite 11
St. Paul, MN 55109

RE: The tariff classification of a "Drug Infusion Balloon Catheter" from Japan

Dear Mr. Lang:

In your letter dated January 25, 1993, you requested a tariff classification ruling.

The sample you submitted measures 3 3/4 inches in overall length and consists of a shaft with an opening and hinged cap at one end, a balloon covering the middle section, and a Luer-Lok connection at the other end. After importation, a three-way stopcock will be attached to the Luer-Lok connection prior to selling the product.

The subject article is used in a manner similar to that for IV administration sets. It is attached to an extension tube which is then connected to an indwelling catheter. The medical preparation to be administered is introduced into the top opening of the shaft, filling and inflating the balloon and then gradually fed to the patient by pressure from the balloon. The rate of flow is regulated by the stop cock and the type of balloon used.

The applicable subheading for the "Drug Infusion Balloon Catheter" will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences... other. The rate of duty will be 7.9 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