CLA-2-90:OT:RR:NC:N4:405
James F. Trubits
Director of Business Development
Mohawk Global Logistics
4700 Genesee St., Suite 108
Buffalo, NY
14225
RE: The tariff classification of bulbous bellow from Germany.
Dear Mr. Trubits:
In your letters dated May 5 and June 27, 2012, on behalf of Harmac Medical Products, Inc., you requested a tariff classification ruling. A sample was provided with the latter.
The sample is an approximately football shaped, plastic, compressible, hollow chamber that is about 6 inches in maximum diameter and 4 inches in length with integral smaller cylinders at both ends.
Per the Harmac Specification sheet you have now provided, it is a “Trans Single Bellow, 102 ml/8mm Opening, both sides.” The supplier’s part number is 5135.2.32000.
You state that its Harmac Part number is P3101358 and that the item is “used exclusively with an arthroscopic tube set.” You also state, “The bulb and the arthroscopic tube set deliver irrigation fluid from irrigation containers to the operative site.” By squeezing it, any fluid that is in it and/or in the tubes that are connected at both ends will be moved along depending upon which tubes have been clipped closed.
We consider the arthroscopic tube set that this is used within to be similar for classification purposes to the solution administration sets which Headquarters Ruling Letter 957817, dated December 1, 1995, classified in HTSUS 9018.90.80.
Separately imported parts or accessories, if identifiable as suitable for use solely or principally as parts or accessories of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of one particular item (see Headquarters Ruling Letter 965546, 8-6-02), are classified in its heading if not excluded from that heading by Note 2(a) or (c) to Chapter 90 or by HTSUS Add. US Rule of Interpretation 1-c (see HRLs 965968, 12-16-02, and 967233, 2-18-05) or from Chapter 90 by its Note 1.
We do not find any of those exclusions to apply.
The applicable subheading for the P3101358 will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" instruments and apparatus used in medical, surgical, or veterinary sciences, and parts and accessories thereof. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division