CLA-2-90:S:N:N3:119 891590
Mr. John A. Slagle
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153
RE: The tariff classification of a medical kit from Germany.
Dear Mr. Slagle:
In your letter dated October 14, 1993, you requested a tariff
classification ruling on behalf of B. Braun Medical, Inc.,
Bethlehem, PA.
The article to be imported is a set of medical instruments
used to implant a perfusion catheter under the skin. The perfusion
catheter itself is not being imported. The purpose of such a
catheter is to provide indwelling access to the vascular systems
for long term administration of drugs. A list of the articles in
the kit and their classifications (when imported separately)
follows.
2 scalpels ---------------------------- 9018.90.8000
2 syringes ---------------------------- 9018.31.0040
3 injection cannulas with lock
nozzle for local anesthesia --------- 9018.32.0000
2 puncture needles -------------------- 9018.32.0000
2 special design port needles --------- 9018.32.0000
1 dilator (a flexible piece of tubing
with a hub used to widen the puncture
canal) ------------------------------ 9018.39.0040
1 tunneling needle (11 1/2 inch metal
rod used to move the catheter under
the skin from one site to another) -- 9018.39.0050
The instruments are packed in a sealed molded plastic tray
with individual compartments and the tray in turn is packed in a
box. The kit is marketed under the name Implantofix. We consider
the kit in its imported condition to be a set whose essential
character is imparted by the seven pointed cannulas or needles.
Based on General Rules of Interpretation 3(b) of the Harmonized
Tariff Schedule of the United States, the complete set will be
assigned the classification of the needles.
The applicable subheading for the Implantofix kit will be
9018.32.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for tubular metal needles and needles for
sutures and parts and accessories thereof. The rate of duty will
be 6.4 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