CLA-2-90:S:N:N3:119 882063
Mr. Joseph Azzam
World Trade Center, Sydney Pty. Ltd.
GPO Box 5130
Sydney NSW Australia 2001
RE: The tariff classification of the Walmay Cryospray from
Australia
Dear Mr. Azzam:
In your letter dated January 11, 1993, you requested a
tariff classification ruling on behalf of Walmay Trading Company,
Kellyville, Australia.
The Walmay Cryospray is an instrument that uses liquid
nitrogen to freeze tissue in certain surgical procedures. You
have furnished the following description:
The Walmay Cryospray consists of a
stainless steel vacuum reservoir
screwed into a brass top containing
a regulator and safety valve. The
regulator is operated by a trigger
which then emits liquid nitrogen
through a nozzle attached to a
probe protruding from the
regulator.
The Cryospray is furnished with a set of five brass spray
tips of varying orifice and one bent spray extension. It will be
imported empty.
The applicable subheading for the Walmay Cryospray 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... other. The
rate of duty will be 7.9 percent
Medical instruments are subject to the regulations of the
Food and Drug Administration (FDA) which you indicate you have
been in contact with. There are no other agency requirements
pertinent to this merchandise.
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