CLA-2-90:S:N:N1:119 864352

Mr. Jerrold E. Anderson
Katten Muchin & Zavis
525 West Monroe Street - Suite 1600
Chicago, IL 60606-3693

RE: The tariff classification of injection sites and vial adapter from Singapore

Dear Mr. Anderson:

In your letter dated June 12, 1991, you requested a tariff classification ruling on behalf of Baxter Health Care Corporation. The three samples on which you have requested a ruling are the following:

(1) a single injection site which measures approximately one inch in length and consists of a Luer lock connector at one end and a rubber diaphragm at the other

(2) a dual injection site which consists of two single injection sites attached to a "Y" shape connecting tubing with a Luer lock connector at the bottom

(3) a vial adapter which measures 1 1/8 inches in height and maximum diameter and consists of a dome type cap with a recessed vented spike inside and a protruding stem at the top covered with a rubber diaphragm similar to that of the injection sites.

All the rubber diaphragms used in the injection sites and the vial adapter have an invisible slit which allows penetration by a "pointed tube connector". This plastic article is 3/4 of an inch long and consists of a Luer lock adapter at one end and a thin piece of tubing at the other that measures approximately 1/16 of an inch in diameter at its tip. This "pointed tube connector", that you call a cannula, is too dull to puncture a person's skin, thus constituting a safe alternative to a hypodermic needle which can also be used to penetrate these diaphragms. The main purpose of this system is to eliminate the danger of infection from needle pricks.

You have assumed that the "pointed tube connector" is classifiable as a "cannula" and you are of the opinion that the injection sites and the vial adapter are accessories of the "cannula" and should therefore be classified under subheading 9018.39.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for syringes, needles, catheters, cannulas and the like; parts and accessories thereof ... other.

An accessory is defined as "a subordinate or supplementary part, object, etc., as an automobile spotlight or a camera tripod." See the Random House College Dictionary (Revised Edition). We fail to see how the injection sites and the vial adapter are accessories of the "pointed tube connector". It would be no less valid to say that the "pointed tube connector" is an accessory of the injection sites and the vial adapter. However the classification of this "pointed tube connector" will not be dealt with in this letter since you did not request a ruling on this article.

Injection sites are used principally with and are parts or accessories of IV administration sets. The vial adapter can be used to withdraw fluid from a vial using a syringe and the "pointed tube connector" instead of a hypodermic needle and then inject the fluid into an IV set through the slit diaphragm injection site. The vial adapter can also be used in an IV administration set in lieu of the standard sharp pointed spike used to puncture the rubber seal of medication vials. Therefore the vial adapter is also an accessory of IV administration sets.

The applicable subheading for the injection sites and the vial adapter 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 ... parts and accessories thereof ... other. The rate of duty will be 7.9 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport