CLA-2-90:RR:NC:N1:105 H89427

Mr.Billy J. Gwin, LCB
Trade Management Services, Inc.
1201 C Street NW
Auburn, WA 98001-3937

RE: The tariff classification of 3 medical related items from Australia

Dear Mr. Gwin:

In your letter to Customs in Seattle, dated March 7, 2002, received here March 14, 2002, for the importer, you requested a tariff classification ruling. We note that you state that the importer is TIL North America, but we assume that is a typo for ITL North America.

The sample Lee Spec Disposable Speculum is used by health care professionals in vaginal examinations. Explanatory Note I-A-6 to Harmonized System Heading 90.18 includes vaginal specula as an example of Instruments and Appliances for Human Medicine and Surgery. You supplied a copy of a 4/10/2001 decision from Her Majesty’s Customs and Excise classifying this item in 9018.90.85. We agree with their Harmonized System (6 digit) classification. (The UK like all HS signatories has its own breakouts for the 7 & 8 digits.) The applicable subheading for the Speculum will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Instruments and Appliances used in Medical, Surgical, Dental or Veterinary Sciences. The rate of duty will be free

Regarding the plastic SampLok and the metal LeucoCart, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below: Samples, photographs, drawings or other pictorial representations of the items(s) exactly as they will be imported.

Descriptive literature or a detailed explanation on the use of the item(s).

Descriptive literature or a detailed explanation on how the item(s) operate/function.

Approximate cost of each.

Regarding specifically the SampLok, explain : Why is an additional piece needed since you state that the Donor Care in the “needle lock” position, “shields and locks the needle preventing any possibility of needle stick injury”? The picture in the bottom right of the Donor Care sheet shows the tubing forming a closed loop. How is that done?

Regarding specifically the LeucoCart: Explain what is “powered by CO2 gas.” From the description in the British decision, if it does, how does your import “assist in the filtration of raw blood”, and are the “blood pumps” part of your import? If the import is just a specialized cart to carry blood bags, imported separately, how will your import essentially differ from the Medical Furniture, wheeled tables and carriers, described in Explanatory Note A-11 to HS heading 94.02?

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 returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist J. Sheridan at 646-733-3012. 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