CLA-2-90:OT:RR:NC:4:405
Mr. Cody Sheckler
Export Analyst
Biomet
56 East Bell Dr
Warsaw, IN 46581
RE: The tariff classification of a GPS Disposable Kit
Dear Mr. Sheckler:
In your letters dated May 1 and July 26, 2013, you requested a tariff classification ruling. No sample was submitted.
Per your replies to the questions in our May 24, 2013 letter to you, you indicate that there are 3 syringes in this kit and 4 syringe caps. The first 30 milliliter syringe is used to draw the blood from the patient; the second 30 milliliter syringe is used to withdraw the plasma from the tube/device once it has been processed; and a single 10 milliliter syringe is to withdraw the smaller amount of platelet concentrate from the tube/device once it has been processed. The four syringe caps are for each syringe if needed. The fourth syringe cap is a spare in case one of the caps is dropped on the floor.
Included are also an 18 gauge needle which is “used to withdraw the ACD-A into the 30 ml syringe prior to blood being drawn from the patient” and an infusion cannula which is “used to withdraw blood from the patient into the first 30ml syringe and then discarded.”
The ACD-A is not an active ingredient, but a preservative, an “Anticoagulant Citrate Dextrose Solution.”
The kit also includes the specialized tube or “device” which will be placed in a centrifuge to separate the blood fractions as well as a tourniquet, gauze and adhesive tape, all three of which are useful in the process of drawing blood from the patient, which is a standard medical procedure.
You indicate that GPS is an acronym for Gravitational Platelet Separation. The Gravitational presumably refers to the forces applied to the blood sample via a centrifuge, not part of the import.
We consider the kit to be a set under Harmonized System General Rule of Interpretation (GRI) 3.
You propose classification under either 9018.20.0080 or 9018.31.0040, Harmonized Tariff Schedule of the United States (HTSUS).
The former cannot apply since it is for Non-therapeutic ultraviolet or infrared ray apparatus, and parts and accessories thereof.
We find that the items classifiable, per se, in Heading 9018, HTSUS, provide the kit’s essential character under GRI 3-b. Within Heading 9018, HTSUS, we find that the items classifiable in the subheading above 9018.31 through 9018.39 provide the essential character for the Heading under GRI 3-b. Within subheadings 9018.31 through 9018.39, HTSUS, we find that 9018.31 provides the essential character among those subheadings under GRI 3-b.
The applicable subheading for the GPS Disposable Kit will be 9018.31.0040, HTSUS, which provides for hypodermic syringes with or without needles, which are used in the medical, surgical, dental or veterinary sciences. The general 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,
Myles B. Harmon
Acting Director
National Commodity Specialist Division