CLA-2-90:OT:RR:NC:4:405
Elizabeth T. Weinzierl-Gutmann
Savino Del Bene U.S.A. Inc.
149-10 183rd Street
Jamaica NY 11413
RE: The tariff classification of Infusion Needles with Injection Strap from Belgium.
Dear Ms. Weinzierl-Gutmann:
In your letter dated May 23, 2012, on behalf of PharmaDesign, Inc., you requested a tariff classification ruling. A sample of two sealed packages of Terumo Surflo Winged Infusion Sets was provided.
Per your letter and drawing, your import will consist of four sealed packages of Terumo Surflo Winged Infusion Sets together with a small strap to reduce blood flow when the needle is inserted, packaged together in a plastic box.
You state, “They will be given out by pharmaceutical companies to nurse ‘trainers’. The nurse ‘trainers’ will then give them to patients.”
We consider your import to be a set under GRI 3 in which the Infusion Sets provide its essential character. Although they may be used in instructing patients, the Infusion Sets appear to be standard ones which are suitable for their ordinary use in infusion.
Headquarters Ruling Letter 950432, dated November 26, 1991, classified similar "Surewing" infusion sets in HTSUS 9018.39.00.
The applicable subheading for your import will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, catheters, cannulae and the like. The rate of duty will be free.
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 http://www.usitc.gov/tata/hts/.
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.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division