CLA-2-90:OT:RR:NC:4:405
Maquilogistics
6620 S. 33rd St. Bldg J Suite 101
McAllen, TX 78503
RE: The tariff classification of plastic tubing and assemblies assembled in Mexico
Dear Sir or Madam:
In your letter dated June 11, 2009, for Advance Scientifics, Inc, you requested a tariff classification ruling. A sample was provided of an assembled version of the imports plus the plastic bag, marked Ranger that it will be attached to in use. The import will be just the tubing that connects the blood/fluid bag to the patient. The blood/fluid bag, etc will be added in the USA to produce the “blood/fluid warming and infusion unit” that will be sold to end users.
A separate unit will heat the patient’s blood or another fluid to the desired temperature and send it to the bag. You state that you believe that the heating unit is similar to the one in “NY H80149, dated June 6, 2001.” We assume that you meant New York Ruling Letter H81049, 6-6-01.
The three imports will be “Part # 343150 Admin Line Spike Assembly, Part # 343160 Inlet Tubing Assembly, and Part # 343170 Patient Line Assembly.” You provided drawings that show each separately.
These three part #’s will be not be packed together in sets, but bulk packed. Also, when later combined they are still only elements of the unit that will be sold to end users.
We agree that 343160, which consists of only one length of tubing and has no drip chambers, etc, is much simpler than the other items.
We agree that the applicable subheading for the 343150 and 343170 will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Electro-medical instruments and appliances and parts and accessories thereof. The general rate of duty will be free.
We agree that the applicable subheading for the 343160 will be 3917.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Tubes, pipes and hoses of plastics, not reinforced or otherwise combined with other materials, with fittings. The general rate of duty will be 3.1 percent.
We received no reply to our June 23, 2008 letter to you concerning your request for confidentiality regarding the names of the parties to the transaction (except your firm) so we understand you have withdrawn that request for confidentiality.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions specifically regarding the classification in HTSUS 3917 of 343160, contact National Import Specialist J. Mazzola at (646) 733-3023. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division