CLA-2-90:S:N:N3:119 804233
Mr. Ricky Villena
Pronto Cargo Brokers, Inc.
P.O. Box 52-3113
Miami, FL 33152-3113
RE: The tariff classification of medical equipment from Singapore
Dear Mr. Villena:
In your letter dated October 28, 1994 (received November 18,
1994 by this office), you requested a tariff classification ruling
on behalf of
Dial Medical Supply, Deland, FL.
The articles to be imported are an Arterial-Venous Fistula Needle Set,
an Arterial-Venous Blood Tubing Set and an I.V. Administration Set. The
fistula needle set and I.V. set samples you furnished indicate Singapore as
the country of origin. No sample of the blood tubing set has been
furnished.
The A.V. Fistula Needle Set consists of a 12-inch plastic tubing which
is fitted at one end with a 15 gauge needle, needle guard and stabilizer
and at the other end with a female Luer adapter and a protective cap. The
marking on the sealed envelope containing the article describes the needle
as being siliconized and having ultra-thin walls. The A.V. Fistula Needle
Set is used in hemodialysis to gain access to a patient's circulatory
system.
The arterial and venous components of the A.V. Blood Tubing Set consist
each of a main tubing line with secondary tubing branches and various
attachments such as drip chamber, pump chamber and clamps. The set is used
to convey blood from a patient to a kidney dialyzer and back.
The I.V. Administration Set consists of a plastic tubing approximately
52 inches long with a roller clamp, a drip chamber and spike attached at
one end, and a Y-adapter with injection site attached at the other. I.V.
administration sets are used in administering intravenous fluid generally
from plastic bottles or bags.
The applicable subheading for the A.V. Fistula Needle Set will be
9018.39.0050, Harmonized Tariff Schedule of the United States (HTS), which
provides for syringes, needles, catheters, cannulae and the like; parts and
accessories thereof... other. The rate of duty will be 4.2 percent.
The applicable subheading for the A.V. Blood Tubing Set will be
9018.90.7570, HTS, which provides for electro-medical instruments and
appliances and parts and accessories thereof... other. The rate of duty
will be 4.2 percent.
The applicable subheading for the I.V. Administration Set will be
9018.90.8000, HTS, which provides for instruments and appliances used in
medical, surgical, dental or veterinary sciences... parts and accessories
thereof... other. The rate of duty will be 7.9 percent.
Pursuant to Travenol Laboratories v. United States (Slip Op. 93-15), the
A.V. Fistula Needle Set and the A.V. Blood Tubing Set will be eligible for
free entry under the provision for articles specially designed or adapted
for the use or benefit of the blind or other physically or mentally
handicapped persons... other, in subheading 9817.00.96, HTS. All
applicable entry requirements must be met including the filing of the
Department of Commerce form ITA-362P.
The I.V. Administration Set is a general use article. It is not
specially designed or dedicated for use in hemodialysis and is therefore
not eligible for 9817.00.96. The I.V. Administration Set was not one of
the items before the court in the Travenol case cited above and is not to
be confused with the A.V. Blood Tubing Set identified by the trade name
"Miniprime" set in court documents filed by Travenol.
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.
The samples are being returned to your office as requested.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport