CLA-2-90:S:N:N1:119 870980
9018.39.0020;9018.39.0040; 9817.00.5000
Mr. L. Simmet
Minitube of America, Inc.
114 Shiloh Dr.
Madison, WI 53705
RE: The tariff classification of articles used in artificial
insemination of pigs from Germany and Switzerland.
Dear Mr.Simmet:
In your letter dated January 15, 1992, you requested a
tariff classification ruling.
The articles to be imported are the following:
Commodity #1: The "Spirette" is a disposable plastic catheter
with a flexible shaft and spiral tip used to inject semen into
the pig. It is approximately 19 inches long and has a
polypropylene shaft and a tip and handle made of PVC.
Commodity #2: The "Melrose Catheter" is used in the same manner
as the "Spirette" but is made of rubber and is reusable. It is
20 inches long and has a flexible shaft and spiral tip.
Commodity #3: This article is a disposable plastic 100ml bottle
used for the storage of boar semen and the artificial
insemination of sows. The bottle top has a hollow spike that can
be inserted into the handle of an artificial insemination
catheter. The bottle is squeezed to eject the semen into the
catheter.
Commodity #4: The "Merck-III" and "BTS" diluent mixtures are used
to extend the volume of the collected semen and to provide a
culturing medium for the semen cells during storage and
insemination until fertilization occurs. The composition of both
diluents based on 1000g is given below.
Merck-III
BTS
Glucose 815g 894.7g
Trisodium Citrate 120g 55g
EDTA 25g 30g
Sodium Carbonate
(Monohydrate) 25g 20g
Potassium Chloride 15g 0g
Gentamicin Sulfate 0g 0.3g
Commodity #5: The "Macrotube" straws are used for long-term
storage of frozen boar semen and insemination of sows. The non-
spermicidal PVC straws measure 280mm in length, 5mm in diameter
and have a capacity of 5ml. Beads of metal or other material are
used to seal the ends of the straws. To inseminate a sow, the
farmer inserts the end of a straw into a catheter and expels the
semen.
The applicable subheading for the "Spirette" and the
"Melrose Catheter" will be 9018.39.00, Harmonized Tariff Schedule
of the United States (HTS), which provides for syringes,
needles, catheters, cannulae and the like ... other. The
statistical suffix for the "Spirette" will be 40 and for the
"Melrose Catheter" 20. The rate of duty will be 4.2 percent.
The applicable subheading for the disposable plastic bottle
with cap will be 3926.90.9090, HTS, which provides for other
articles of plastics... other. The rate of duty will be 5.3
percent.
The applicable subheading for the diluent mixtures for boar
semen will be 3823.90.5050, HTS, which provides for... chemical
products and preparations of the chemical or allied industries
(including those consisting of mixtures of natural products)...
other. The rate of duty will be 5 percent.
The applicable subheading for the "Macrotube" straws will be
3917.32.0010, HTS, which provides for other tubes, pipes and
hoses, not reinforced or otherwise combined with other materials,
without fittings, of polyvinyl chloride. The rate of duty will
be 3.1 percent.
Subheading 9817.00.5000 provides duty free treatment for
machinery, equipment and implements to be used for agricultural
or horticultural purposes. Based on the information you have
furnished, all the articles described above are used on the farm
and by the farmer, however the diluent mixtures do not constitute
machinery, equipment or implements and would therefore not be
eligible for this free provision.
The "Spirette", the "Melrose Catheter", the disposable
plastic bottle with cap and the "Macrotube" straw are eligible
for the duty free treatment of subheading 9817.00.5000, provided
the actual use requirements of 19 CFR Sections 10.131 through
10.139 are satisfied.
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