CLA-2-90:R:N4:119 A83725
Mr. Ricky Villena
Pronto Cargo Brokers, Inc.
P.O. Box 52-3113
Miami, FL 33152-3113
RE: The tariff classification of an I.V. Administration Set from Singapore
Dear Mr. Villena:
In your letter dated May 7, 1996 you requested a tariff classification ruling on behalf of Althin Medical Inc., Miami Lakes, FL.
The article to be imported is a sterile I.V. Administration Set packed in a sealed plastic envelope and marked "Seraflo I.V. Administration Set". The set consists of a length of tubing approximately 52 inches long connected at one end to a drip chamber with spike and protective cap, and at the other end to a connector/adapter with injection port and protective cap. There is also a roller clamp attached to the tubing.
You state in your letter that the subject I.V. Administration Set is specifically designed or dedicated for use in hemodialysis. You state further that the set is unsuitable for general hospital use because it lacks a blood filter and is too short by 12 inches. You have attached letters written to Althin Medical Inc. by two medical doctors in support of your position. You believe that the article should be free under 9817.00.96, Harmonized Tariff Schedule of the United States (HTS), which provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons... other.
We have examined the sample and find nothing in the design, construction or configuration of this I.V. Administration Set that dedicates it for use in hemodialysis. The article is not eligible for free entry under the provision for articles specially designed for the use or benefit of the handicapped.
The applicable subheading for the I.V. Administration Set 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 duty rate will be 4.7 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.
If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division