CLA-2-90:RR:NC:MM:105 C88487
Mr. Richard Powell
British Trade Office
British Consulate General
845 Third Avenue
New York, NY 10022-6691
RE: The tariff classification of Disposable Neurological Sensory Pins from
the United Kingdom
Dear Mr. Powell:
In your letter for Medepin Corporation, dated May 28,1998, you requested a
tariff classification ruling.
The sample is a thin, molded piece of plastic, 2.3 inches long, with sharp,
very thin, pin-
like projection, about .05 inch long, on one end. At the end with the "pin",
there is a .5 inch by .5 inch thin square of plastic which must be snapped off
before the pin can touch anything.
The information you supplied indicates that this device will be used by
health care professionals to stick patients to test if there is any nerve
response. The devices are specially designed to be uniform and to reduce the
possibility of contamination. It is readily apparent if it has been used, which
is not the case for an ordinary pin.
Although neither is controlling per se, we note that this device is claimed
to be listed with the US FDA and that EN A-d to HS 7319, the heading for pins
and needles of iron and steel, direct the classification of needles for medical
use in HS 9018.
We do not consider this to be a "needle" in HS 9018.32 because it has no
opening into or through it.
The applicable subheading for the sensory pin will be 9018.90.8000,
Harmonized Tariff Schedule of the United States (HTS), which provides for other,
other, other medical instruments. The rate of duty will be 1.6 percent ad
valorem.
It is contrary to our policy to mail this reply to anyone other than
yourself, as the inquirer. However, you are free to forward this letter to
Medepin.
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 James Sheridan at 212-466-5669.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division