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HQ 950432

November 26, 1991

CLA-2 CO:R:C:M 950432 DWS


TARIFF NO.: 9018.39.00; 9018.90.80

District Director of Customs
Second and Chestnut Streets
Philadelphia, PA 19106

RE: Infusion Set; HQ 085088; Fistula Needle Set; Protest No. 1101-91-100193

Dear Sir:

This is our decision on Application for Further Review of Protest No. 1101-91-100193, dated May 16, 1991, concerning your action in classifying and assessing duty on infusion sets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The subject "Surewing" infusion set is used for the intravenous application of medications. It is almost identical to the fistula needle set ruled upon in HQ 085088, dated March 12, 1990. The fistula set in that case consisted of a 4-12 inch plastic tube fitted at one end with a 14-17 gauge, a 1-1 and 1/2 inch stainless steel needle, and a needle guard and stabilizer. Fitted at the other end was a protective cap. Options for the set included backeyes, rotatable hubs and clamps. The apparatus is clinically used for the intravenous application of medication, blood serum, and glucose and sodium chloride solution into the a patient's circulatory system. Counsel for the importer claims that the subject infusion set and the fistula needle set in HQ 085088 "are essentially the same product with the same use." (Counsel's Brief, May 15, 1991).


What is the proper classification of the "Surewing" infusion set under the HTSUSA?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The merchandise was entered under subheading 9018.39.00, HTSUSA, which provides for: "[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: other." However, the merchandise was liquidated under subheading 9018.90.80, HTSUSA, which provides for: "[o]ther instruments and appliances and parts and accessories thereof: [o]ther: [o]ther."

Because the subject infusion set and the fistula needle set in HQ 085088 are virtually the same, we hold that the merchandise is classifiable under subheading 9018.39.00, HTSUSA.


The "Surewing" infusion set is classifiable under subheading 9018.39.00, HTSUSA. The protest should be granted in full. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant as part of the notice of action on the protest.


John Durant, Director
Commercial Rulings Division

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