CLA-2:CO:R:C:G 087660 SR

Mr. Peter Fitch
Fitch, King and Caffentzis
116 John Street
New York, NY 10038

RE: Reconsideration of HRL 082498; surgical suture and needles

Dear Mr. Fitch:

This is in reference to your letter dated October 20, 1989, requesting reconsideration of Headquarters Ruling Letter (HRL) 082498, dated March 14, 1989, which classified surgical sutures and suture needles under the Tariff Schedules of the United States (TSUS).

FACTS:

The merchandise involved is unsterile surgical suture needles with suture strands attached. The needles, suture strands, and packaging materials are all made in the United States and sent to England where the strands of suture material are cut to a length of 2 or 3 meters. The strands of suture material are attached to needles then wound around a card and packaged for the end user.

In a letter dated March 5, 1987 (079455 JGH), Customs classified the merchandise at issue under item 709.27, Tariff Schedules of the United States (TSUS), as medical instruments. The importer requested a partial reconsideration of this ruling; which became I/A 23/88 or HRL 082498. This ruling classified sterile needles with attached suture gut under item 709.27, TSUS, as medical, surgical instruments, other, other, other.

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ISSUE:

What is the classification of sterile and non sterile suture thread with needles attached.

LAW AND ANALYSIS:

The sterile and non-sterile surgical suture thread and surgical needles are each provided for in the tariff schedules. The surgical needles are provided for in item 709.2340, TSUS, as medical, dental, surgical, and veterinary instruments, including parts thereof, other, needles, other, other. The sterile suture thread is provided for in item 495.1000, TSUS, as surgical sutures, surgical suture materials, all the foregoing which are sterile. Non-sterile suture thread is provided for under item 792.2400, TSUS, as articles not specially provided for, of gut, if imported for use in the manufacture of sterile surgical sutures. At issue is the classification of the needles and suture thread when they are attached.

The importer claims that sutures imported with needles already attached should be classified together as sutures because of descriptive language in the legislative history provided in the proposed bill for the Trade and Tariff Act of 1984. The language reads: "When used in the manufacture of sutures, the gut is cut to the appropriate length and a needle is added, resulting in a non-sterile suture."

HRL 730999, dated December 12, 1988, ruled on the country of origin of needles with suture thread attached. This ruling stated that "the domestic processing of the surgical needles results in a new article of commerce with a new name, character or use, i.e., sutures. The surgical needles alone, prior to processing, have no apparent use; it is only after the addition of surgical thread that the article becomes known as a suture and is suitable for use in surgery to bind body tissue."

Sterile needles with suture thread attached are classifiable as suture as surgical sutures under item 495.1000, TSUS. However, this tariff provision provides only for sterile sutures, therefore, non-sterile sutures cannot be classified as sutures. Item 709.27, TSUS, provides for medical instruments. This provision is not limited to sterile medical equipment even though almost all medical equipment must be sterilized before use.

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HOLDING:

Surgical needles (whether or not sterile) are provided for in item 709.2340, TSUS, as medical, dental, surgical, and veterinary instruments, including parts thereof, other, needles, other, other. Sterile suture thread is provided for in item 495.1000, TSUS, as surgical sutures, surgical suture materials, all the foregoing which are sterile.

Non-sterile suture thread is provided for under item 792.2400, TSUS, as articles not specially provided for, of gut, if imported for use in the manufacture of sterile surgical sutures. Sterile surgical needles with attached sterile suture gut are classifiable under item 495.1000, TSUS, as surgical sutures, surgical suture materials, all the foregoing which are sterile. Non-sterile needles with suture thread attached are classifiable under item 709.2700, TSUS, as medical instruments, other, other, other. HRL 082498, dated March 14, 1989, is hereby modified accordingly.

Sincerely,

John Durant, Director
Commercial Rulings Division