CLA-2-90:S:N:N3:119 891590

Mr. John A. Slagle
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a medical kit from Germany.

Dear Mr. Slagle:

In your letter dated October 14, 1993, you requested a tariff classification ruling on behalf of B. Braun Medical, Inc., Bethlehem, PA.

The article to be imported is a set of medical instruments used to implant a perfusion catheter under the skin. The perfusion catheter itself is not being imported. The purpose of such a catheter is to provide indwelling access to the vascular systems for long term administration of drugs. A list of the articles in the kit and their classifications (when imported separately) follows.

2 scalpels ---------------------------- 9018.90.8000 2 syringes ---------------------------- 9018.31.0040 3 injection cannulas with lock nozzle for local anesthesia --------- 9018.32.0000 2 puncture needles -------------------- 9018.32.0000 2 special design port needles --------- 9018.32.0000 1 dilator (a flexible piece of tubing with a hub used to widen the puncture canal) ------------------------------ 9018.39.0040 1 tunneling needle (11 1/2 inch metal rod used to move the catheter under the skin from one site to another) -- 9018.39.0050

The instruments are packed in a sealed molded plastic tray with individual compartments and the tray in turn is packed in a box. The kit is marketed under the name Implantofix. We consider the kit in its imported condition to be a set whose essential character is imparted by the seven pointed cannulas or needles. Based on General Rules of Interpretation 3(b) of the Harmonized Tariff Schedule of the United States, the complete set will be assigned the classification of the needles.

The applicable subheading for the Implantofix kit will be 9018.32.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for tubular metal needles and needles for sutures and parts and accessories thereof. The rate of duty will be 6.4 percent.

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