Ms. Konnie Gurung
Medtronic, Inc.
3850 Victoria St. N.
Minneapolis, MN 55126

RE: The tariff classification of a polyethyleneimine and a heparin modified copolymer from the United Kingdom.

Dear Ms. Gurung:

In your letter dated November 17, 2006 you requested a tariff classification ruling.

Polymer A is described as a high molecular weight polyethyleneimine crosslinked with hexamethylene diisocyanate. Polymer B is described as a copolymer chemically modified with a covalently bonded heparin molecule containing an active anti-coagulant sequence. Polymer A is designed as a biocompatible priming layer for stents, vascular grafts and heart valves. Polymer B is designed as an endothelium-like functional layer based on anti-coagulant heparin and platelet-repellant sulphonated groups. The applicable subheading for the polyethyleneimine will be 3911.90.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: other: other: containing monomer units which are aromatic or modified aromatic, or which are obtained, derived or manufactured in whole or in part therefrom: thermosetting: other. The rate of duty is 5.8 percent ad valorem.

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

This product may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460 or at telephone number (202) 554-1404.

In your letter, you describe Polymer B as follows: “a biocompatible polymer with the components as follows: Methoxy polyethylene glycol methacrylate, vinyl sulphonic acid sodium salt, ammonium sulphatoethyl methacrylate, derivatised heparin and vinylic aldehyde.” You indicate that “Heparin is derivitised to create methacrylate groups which allows the heparin molecule to be copolymerized with the above monomers.” and that “The above monomers are polymerized in water to produce a high molecular weight polymer.” Based on the foregoing, we are of the opinion, pursuant to Harmonized System Explanatory Note 30.01(C), that Polymer B would be precluded from classification as heparin or any salt thereof. Furthermore, we do not believe that Polymer B is in any way similar to the exemplars given in Harmonized System Explanatory Note 30.01 (D), i.e., red bone marrow, snake or bee venom, and bone, organs and other human or animal tissue. Accordingly, it is our determination that Polymer B would be excluded from classification within subheading 3001.90.0000, Harmonized Tariff Schedule of the United States (HTSUS).

We are returning your request for the heparin modified copolymer along with any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please provide the Chemical Abstract Service (CAS) Registry Number and percent by weight for each monomer making up the polymer.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have requested and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, Attn: Binding Rulings Clerk. If you have any questions regarding the exclusion of Polymer B under tariff subheading 3001.90.0000, HTSUS, you may contact National Import Specialist Harvey Kuperstein at (646) 733-3033.

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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.


Robert B. Swierupski
National Commodity
Specialist Division