CLA-2-90:OT:RR:NC:N4:405

Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of a catheter from India

Dear Ms. Kelly-Kobayashi:

In your letter dated June 16, 2011, on behalf of Becton, Dickson and Company, you requested a tariff classification ruling. A sample was provided.

The article you refer to as the Becton, Dickson and Company (BD) Venflon™ Peripheral IV Catheter (Product Number 391452) is an intravenous catheter made of plastic with an integrated injection port and a valve for peripheral catheterization. The flow rate through it is 54 milliliters (of water) per minute. The catheter features a back cut needle bevel and a tapered end to allow easy penetration of the skin and to minimize the risk of vein damage. The catheter also features plastic “wings”, positioned in such a way to prevent direct contact between the rear of the catheter hub and the skin. It will be sold packed sterile. The BD Venflon™ Catheter is clearly intended for use only in professional medical practice, and catheters are specifically provided for in Heading 9018, HTSUS.

The applicable subheading for the BD Venflon™ Peripheral IV Catheter will be 9018.39.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Bougies, catheters (except rubber catheters), drains and sondes, and parts and accessories thereof. The rate of duty will be free.

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 regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division