CLA-2-90:S:N:N3:119 888367
Mr. Thomas C. Lloyd
3M Transportation Department
PO Box 33250
St. Paul, MN 55133-3250
RE: The tariff classification of an Oxygenator Membrane Cartridge
from the United Kingdom or Mexico
Dear Mr. Lloyd:
In your letter dated July 13, 1993 you requested a tariff
classification ruling.
The article to be imported is an oxygenator membrane cartridge which is
cylindrical in shape and measures 10 inches in length. It consists of a
capillary membrane warp knit fabric (100% polypropylene hollow fiber
monofilaments measuring 0.38mm in outer diameter and 0.28mm in inner
diameter), wrapped around an inner plastic core tube (polycarbonate).
This cartridge is used in an oxygenator which is a device that
mechanically oxygenates venous blood extracorporeally. The oxygenator is
part of a heart-lung machine which serves as a temporary substitute for a
patient's heart and lungs during open-heart surgery.
You have suggested that these cartridges be classified as parts of
oxygen therapy devices under HTS 9019.20.0000, however, an oxygenator is
not similar to the respiration apparatus that are covered by this
provision. The oxygenator is used principally by surgeons and other
operating room staff in surgical procedures.
The applicable subheading for the oxygenator membrane cartridge will be
9018.90.6000, Harmonized Tariff Schedule of the United States (HTS), which
provides for electro-surgical instruments and appliances, other than
extracorporeal shock wave lithotripters; all the foregoing and parts and
accessories thereof. The duty rate will be 7.9 percent.
Articles classifiable under subheading 9018.90.6000, HTS, which are
products of Mexico are entitled to duty free treatment under the
Generalized System of Preferences (GSP) upon compliance with all applicable
regulations.
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