CLA-2-73:RR:NC:115 D81573
Mr. Jack D. Mlawski
Galvin & Mlawski
440 Park Avenue South
New York, New York 10016-8067
RE: The tariff classification of a BIO-SET Infusion Cap from
France.
Dear Mr. Mlawski:
In your letter dated August 21, 1998, you requested, on
behalf of your client Merck & Co, a tariff classification ruling.
The subject merchandise, Bio-Set, is a medical device
intended to substitute for the syringes in transferring drugs
contained in a standard drug vial to infusion bags which are, in
turn, connected to a catheter attached to a patient.
In your inquiry you feel that the classification should be
under HTS 9018.39.00. The National Import Specialist for Medical,
Surgical and Dental Instruments has reviewed your correspondence
and is of the opinion that HTS 9018.39.00 does not apply. His
reasons follow:
1. Per Dortland's Illustrated Medical Dictionary, 1994,
catheters and cannulae are devices for insertion into body
cavities and ducts to withdraw or introduce fluid. The metal
portion of your device is inserted into a container of
medicaments through its rubber cap to enable the medicment to
flow out when the container is inverted (and squeezed if
necessary).
2. Per the same source, syringes are used both to inject or
withdraw liquids from any vessel or cavity. They are used to
withdraw medicaments from a container. However, syringes are used
to withdraw a measured amount of liquid, while your device will
be used simply empty the container. Syringes temporarily hold the
liquid in its container until it can be injected into a different
locale, usually, although, as you, point out, not always, a
patient's blood vessel. Your device has no container and cannot
inject the liquid, but only let it drip out.
3. Looking to the channel of trade, those items are
normally sold to hospitals and medical professionals for their
use while yours is sold only to pharmaceutical firms for
attachment to their containers filled with medicaments.
4. Your device has some vague similarity to the appliances
of 9018.39. Bougies, drains, and sounds, cited in the USA
statistical breakouts, are the type of devices which are
sufficiently "like" those of 9018.39, not yours."
The plastic provisions of the Tariff were also considered
and not applicable for the following reasons:
"Does not function as a cap as it is placed over the
cap/stopper of the bottle.
Plastic acts as a protective covering for the metal
cannulae, even as a handle for the cannula it does not impact the
essential character."
Based on the above comments from other National Import
Specialists it is the opinion of this office that the needle is
the essential character.
The applicable subheading for the Bio-Set will be
7326.90.8585, Harmonized Tariff Schedules of the United States
(HTS), which provides for Other articles of iron or steel other,
other. The rate of duty will be 3.5% ad valorem.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R.)
C
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions regarding
the ruling, contact National Import Specialist Melvyn Birnbaum at
212-466-5487.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division