CLA-2-90:S:N:N3:119 882063

Mr. Joseph Azzam
World Trade Center, Sydney Pty. Ltd.
GPO Box 5130
Sydney NSW Australia 2001

RE: The tariff classification of the Walmay Cryospray from Australia

Dear Mr. Azzam:

In your letter dated January 11, 1993, you requested a tariff classification ruling on behalf of Walmay Trading Company, Kellyville, Australia.

The Walmay Cryospray is an instrument that uses liquid nitrogen to freeze tissue in certain surgical procedures. You have furnished the following description:

The Walmay Cryospray consists of a stainless steel vacuum reservoir screwed into a brass top containing a regulator and safety valve. The regulator is operated by a trigger which then emits liquid nitrogen through a nozzle attached to a probe protruding from the regulator.

The Cryospray is furnished with a set of five brass spray tips of varying orifice and one bent spray extension. It will be imported empty.

The applicable subheading for the Walmay Cryospray will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences... other. The rate of duty will be 7.9 percent

Medical instruments are subject to the regulations of the Food and Drug Administration (FDA) which you indicate you have been in contact with. There are no other agency requirements pertinent to this merchandise. 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