CLA-2 CO:R:C:M 088469 JMH
District Director
U.S. Customs Service
300 South Ferry St. Terminal Island
Suite 1001
San Pedro, CA 90731
RE: Protest and Request for Further Review No. 2704-90-003672,
dated November 17, 1989; Pooling Plus System "1000"
medication system; instrument or apparatus for use in the
medical sciences
Dear Sir:
This is in response to Protest and Request for Further
Review No. 2704-90-003672, dated November 17, 1989, regarding the
classification of certain medication systems imported by Stedim
of Walnut Creek, California.
FACTS:
The article in question is the Caremark Pooling Plus System
"1000" ("PPS 1000"), which is described as a collection unit with
a three lead transfer set. The PPS 1000 is intended for use by
hospital patients who require multiple vials of medication when
receiving their scheduled infusions. The PPS 1000 allows the
doctor, nurse, or the patient to pool all the prepared solutions
into the system for a one time infusion.
The collection unit of the PPS 1000 is a flat plastic bag
capable of holding 1000 ml of solutions. Three plastic tubes,
approximately twelve inches long, are attached to the bottom of
the collection unit. Each plastic tube has its own spike at its
free end for attachent to solution containers. A clamp is
attached to each plastic tube that is able to block the tube when
the clamp is closed or to open the tube when the clamp is
released. The clamps are released so that the tubes open when
the solution from the containers is ready to be transfered
through the plastic tubes to the collection unit. The clamps are
closed around the plastic tubes once the appropriate amount of
solution has been transferred to the collection unit. At that
time the inlet port located on the bottom of the collection unit
-2-
is closed so that no further solutions may enter the collection
unit. The bottom of the collection unit also has a spike port
that is attached to an intravenous administration unit so that
the solutions in the collection unit may be transferred through
the administration unit to the patient.
Upon entry, the PPS 1000 was classified by the importer in
subheading 3923.29.00, Harmonized Tariff Schedule of the United
States Annotated ("HTSUSA"), as "Articles for the conveyance or
packing of goods, of plastics...Sacks and bags (including
cones)...Of other plastics..." Your office reclassified the PPS
1000, and liquidated the article under subheading 9018.90.80,
HTSUSA, as "Instruments and appliances used in medical, surgical,
dental or veterinary sciences...Other instruments and appliances
and parts and accessories thereof...Other..."
ISSUE:
Whether the PPS 1000 is classified in subheading
3923.29.00, HTSUSA, as "Articles for the conveyance or packing
of goods, of plastics...Sacks and bags (including cones)...Of
other plastics...", or in subheading 9018.90.80, HTSUSA, as
"Instruments and appliances used in medical, surgical, dental or
veterinary sciences...Other instruments and appliances and parts
and accessories thereof...Other..."
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation ("GRIs"). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes..." The headings in
contention are headings 3923 and 9018, HTSUSA. These headings
describe the following:
3923 Articles for the conveyance or packing of
goods, of plastics...
* * * * * * * * * * * * *
9018 Instruments and appliances used in medical,
surgical, dental or veterinary sciences...
The importer believes that since the PPS 1000 enables
medical solutions to move from the solutions' containers, through
the collection unit, to the patient, that the PPS 1000 is an
article for the conveyance of goods. This office disagrees. The
Explanatory Notes state that heading 3923 covers "all articles of
plastics commonly used for the packing or conveyance of all kinds
of products." (emphasis added) Explanatory Note 39.23, Vol. 1,
Harmonized Commodity Description and Coding System ("HCDCS"), p.
-3-
54. The Explanatory Notes, although not dispositive, are to be
looked to for the proper interpretation of the HTSUSA. See 54
Fed. Reg. 35127, 35128 (August 23, 1989).
The PPS 1000 is not a common conveyancing apparatus. The
PPS 1000 is not like a bag, sack or box in which an article is
placed to be moved from one location to another. Such plastic
conveyancing articles are generally reusable, and may be used to
transport other items than what was originally placed within
them. Additionally, plastic conveyancing apparatus have more
than a temporary nature. The goods are kept and protected by the
articles for a length of time. The PPS 1000 is a specially
designed medication system. The medication is in the collection
unit for only a short period of time. The PPS 1000 packaging
warns against the possiblity that the bag will be punctured and
then made useless. This is not an article for the conveyance of
goods within the terms of heading 3923.
There is no doubt that the PPS 1000 is an instrument for use
in the medical sciences. The packaging of the PPS 1000 states
that it is used by patients, is used for distributing medication,
and may be operated by a doctor, nurse or the patient. The
importer states that "[t]his is a very simple drug collection bag
which is widely used in hospitals and for home health care
patients." Thus, the PPS 1000 meets the terms of heading 9018 in
accordance with GRI 1. The proper classification for the PPS
1000 is in subheading 9018.90.80, HTSUSA, as "Instruments and
appliances use in medical, surgical, dental or veterinary
sciences...Other instruments and appliances and parts and
accessories thereof...Other..."
HOLDING:
The Caremark Pooling Plus System "1000" is a specially
designed medical apparatus or instrument. In accordance with GRI
1, the Pooling Plus System "1000" is described by heading 9018.
The proper classification of the Pooling Plus System "1000" is in
subheading 9018.90.80, HTSUSA, as "Instruments and appliances use
in medical, surgical, dental or veterinary sciences...Other
instruments and appliances and parts and accessories
thereof...Other..."
The protest should be denied in full. A copy of this
decision should be attached to the Form 19 Notice of Action for
the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division