CLA-2-90:OT:RR:NC:4:405
Mr. William J. Maloney
Rode & Qualey
55 West 39th Street
New York, N.Y. 10018
RE: The tariff classification of Medical Devices from Netherlands
Dear Mr. Maloney:
In your letter dated June 13, 2013, on behalf of your client Becton, Dickinson and Company and its wholly owned subsidiary, TriPath, Incorporated, you requested a tariff classification ruling. Two samples were provided.
The description in your letter is that each “is a patented brush-type pap smear collection device that is specially designed to collect both ectocervical and endocervical cells from medical patients for medical diagnostic purposes.” That description is consistent with the flyer you attached.
Physically, the samples are quite distinctive compared to most brushes. The bristles are attached to a thin, plastic, 6.5 inch long handle, and they are configured with a smaller section of longer, stiffer bristles in the center.
Given their function, they are clearly used only in the professional practice of medicine and are not for use by the individual as are toothbrushes, etc.
While they might be described as “brushes,” we agree that they are excluded from heading 9603, Harmonized Tariff Schedule of the United States (HTSUS), since HTSUS Chapter 96 note 1-f excludes, “Articles of Chapter 90 (for example, …brushes of a kind specialized for use in dentistry or for medical, surgical or veterinary purposes (heading 90.18).”
We agree that the applicable subheading for the two samples will be 9018.90.8000, HTSUS, which provides for "other" instruments and apparatus used in medical, surgical, or veterinary sciences, and parts and accessories thereof. The general 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