CLA-2 CO:R:C:M 952884 RFA

Regional Commissioner of Customs
c/o Protest and Control Section
6 World Trade Center
Room 762
New York, NY 10048-0945

RE: Protest No. 1001-92-102080; Tubular Metal Needles; Cannulae; Syringes; 9018.39.00; HQ 085088; HQ 086015

Dear Regional Commissioner:

The following is our decision regarding the Protest and Request for Further Review No. 1001-92-102080, dated March 20, 1992. The protest was filed against your liquidation of the entry of certain merchandise which was classified in subheading 9018.32.00, Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise, made of stainless steel, is a hollow, tubular needle measuring 1 1/2 inches in length. It has a pointed edge on both ends.

ISSUE:

Are double-pointed needles classifiable as cannulae or as tubular needles?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

The importer stated that the merchandise should be classified as double pointed cannulae under subheading 9018.39.00, HTSUS, which provides for: "Instruments and appliances used in medical, surgical, dental or veterinary sciences, . . .; parts and accessories thereof: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: [o]ther. . ." The importer believes that the dictionary definition of "cannula" is quite vague and then relies on information from the medical supply industry to define the merchandise to support his claim.

However, in HQ 086015, dated January 10, 1990, and in HQ 085088, dated March 12, 1990, we cited the dictionary definition of "cannula" as follows:

Dorland's Illustrated Medical Dictionary defines a cannula as "a tube for insertion into a duct or cavity; during insertion its lumen (cavity or channel within a tube or tubular organ) is usually occupied by a trocar (a sharp pointed instrument. . .used to puncture the wall of a body cavity. . .)." Dorland's Illustrated Medical Dictionary, pp. 262, 956, 1760 (1988).

The importer argues that the merchandise cannot be classified as a needle because there is no hub attached to it. According to the importer, a needle is a cannula with an attached hub which is used to attach it to a syringe. Stedman's Illustrated Medical Dictionary (199), p. 1027, defines "needle" as a "1. A slender, usually sharp-pointed, instrument used for puncturing tissues, suturing, or passing a ligature around an artery. 2. A hollow n[eedle] used for injection, aspiration, biopsy, or to guide introduction of a catheter into a vessel or other space."

Based upon HQ 086015 and HQ 085088, we find that the subject merchandise does not meet the definition of cannulae. Upon examination of the sample, we find the merchandise to be a tubular needle. Tubular needles are classifiable under subheading 9018.32.00, HTSUS, which provides for: "Instruments and appliances used in medical, surgical, dental or veterinary sciences, . . .; parts and accessories thereof: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: [t]ubular metal needles and needles for sutures and parts and accessories thereof. . ."

HOLDING:

The submitted merchandise is classifiable under subheading 9018.32.00, HTSUS, which provides for: "Instruments and appliances used in medical, surgical, dental or veterinary sciences, . . .; parts and accessories thereof: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: [t]ubular metal needles and needles for sutures and parts and accessories thereof. . ." . The column 1, general rate of duty is 6.4 percent ad valorem.

The protest should be denied in full. A copy of this decision should be attached to Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director