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

Tina Jordan
Mohawk Global Logistics
152 Air Cargo Road, Suite 303
Syracuse, NY 13212

RE: The tariff classification of endotracheal tubes from China

Dear Ms. Jordan:

In your letter dated July 26, 2011, on behalf of Intersurgical Inc., you requested a tariff classification ruling. No sample was provided.

Per the InTube pages you supplied with your submission, “The InTube range of endotracheal [ET] tubes offer three varieties of ET tube: cuffed, uncuffed and reinforced in a comprehensive range of sizes from paediatric to adult. These are designed for use in anaesthesia, A&E [Accident and Emergency], intensive care and emergency medicine.”

At one end the tube has a 15mm connector. However, the other end of the tube does not have a connector, but an opening with a soft tip to reduce unnecessary trauma as it is pushed down the patient’s trachea by a medical professional. It serves as a temporary pathway into and out of the patient for air and various liquids and gases. It appears to be made primarily of a transparent plastic material.

The applicable subheading for the InTube ET tubes will be 9018.39.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, non-rubber catheters. 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