CLA-2-90:RR:NC:N1:105 L87044

Ms. Iliana G. Fuller
P. O. Box 19534
Irvine, CA 92623-9534

RE: The tariff classification of Botox Injection Needle from England

Dear Ms. Fuller:

In your letter dated August 18, 2005, you requested a tariff classification ruling. A sample was submitted in individual sterile packaging. The packaging is labeled Injection Needle (37mm x 27G).

The sample Botox Injection Needle has a hollow metal needle that is electrically insulated for most of the shaft, a port to insert the top of the Botox vial, and an electric cord with an electric connector.

The hollow needle serves as a path both for the liquid Botox into the muscle and for electricity both to and from the patient. The outgoing electricity is for EMG recording and the incoming electricity is for muscle stimulation.

Although the electrical functions are significant, they are clearly less important than the delivery of the Botox, per se.

We agree that the applicable subheading for the sample 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 and needles for sutures and parts and accessories thereof. The rate of duty will be free.

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.


Robert B. Swierupski
National Commodity
Specialist Division