CLA-2-90:S:N:N1:119 865455

Mr. Jerome Schraub
Mi-Tu Instructional Services Inc.
P.O. Box 346, Alden Manor Branch
Floral Park, NY 11003

RE: The tariff classification of hypodermic needles from the Soviet Union.

Dear Mr. Schraub:

In your letter dated July 18, 1991, you requested a tariff classification ruling.

The sample needles you furnished are tubular with a beveled point and measure 1 3/4 inches in length and 0.134 inch in outer diameter. They are used to inject animals.

The applicable subheading for the hypodermic needles will be 9018.32.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences... tubular metal needles. The general most-favored-nation rate of duty is 6.4 percent. However, since the needles will be imported from the Soviet Union, the column 2 duty rate of 55 percent will apply to the merchandise.

Regarding the marking of the merchandise, the regulations require that every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article.

We cannot issue a marking ruling since you have not indicated the type of marking you plan to use. You may wish to discuss the matter with the Import Specialist at the port where the merchandise will be imported or apply for a ruling on a specified form of marking.

The hypodermic needles are subject to Food and Drug Administration regulation. A completed FDA Form 701 should be attached to the entry documents for each imported shipment. The Food and Drug Administration should be consulted for any additional information.

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.


Jean F. Maguire
Area Director
New York Seaport