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NY 804233





December 01, 1994

CLA-2-90:S:N:N3:119 804233

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.39.0050; 9018.90.7570; 9018.90.8000; 9817.00.96

Mr. Ricky Villena
Pronto Cargo Brokers, Inc.
P.O. Box 52-3113
Miami, FL 33152-3113

RE: The tariff classification of medical equipment from Singapore

Dear Mr. Villena:

In your letter dated October 28, 1994 (received November 18, 1994 by this office), you requested a tariff classification ruling on behalf of
Dial Medical Supply, Deland, FL.

The articles to be imported are an Arterial-Venous Fistula Needle Set, an Arterial-Venous Blood Tubing Set and an I.V. Administration Set. The fistula needle set and I.V. set samples you furnished indicate Singapore as the country of origin. No sample of the blood tubing set has been furnished.

The A.V. Fistula Needle Set consists of a 12-inch plastic tubing which is fitted at one end with a 15 gauge needle, needle guard and stabilizer and at the other end with a female Luer adapter and a protective cap. The marking on the sealed envelope containing the article describes the needle as being siliconized and having ultra-thin walls. The A.V. Fistula Needle Set is used in hemodialysis to gain access to a patient's circulatory system.

The arterial and venous components of the A.V. Blood Tubing Set consist each of a main tubing line with secondary tubing branches and various attachments such as drip chamber, pump chamber and clamps. The set is used to convey blood from a patient to a kidney dialyzer and back.

The I.V. Administration Set consists of a plastic tubing approximately 52 inches long with a roller clamp, a drip chamber and spike attached at one end, and a Y-adapter with injection site attached at the other. I.V. administration sets are used in administering intravenous fluid generally from plastic bottles or bags.

The applicable subheading for the A.V. Fistula Needle Set will be 9018.39.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for syringes, needles, catheters, cannulae and the like; parts and accessories thereof... other. The rate of duty will be 4.2 percent.

The applicable subheading for the A.V. Blood Tubing Set will be 9018.90.7570, HTS, which provides for electro-medical instruments and appliances and parts and accessories thereof... other. The rate of duty will be 4.2 percent.

The applicable subheading for the I.V. Administration Set will be 9018.90.8000, HTS, which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences... parts and accessories thereof... other. The rate of duty will be 7.9 percent.

Pursuant to Travenol Laboratories v. United States (Slip Op. 93-15), the A.V. Fistula Needle Set and the A.V. Blood Tubing Set will be eligible for free entry under the provision for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons... other, in subheading 9817.00.96, HTS. All applicable entry requirements must be met including the filing of the Department of Commerce form ITA-362P.

The I.V. Administration Set is a general use article. It is not specially designed or dedicated for use in hemodialysis and is therefore not eligible for 9817.00.96. The I.V. Administration Set was not one of the items before the court in the Travenol case cited above and is not to be confused with the A.V. Blood Tubing Set identified by the trade name "Miniprime" set in court documents filed by Travenol.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

The samples are being returned to your office as requested.

Sincerely,

Jean F. Maguire
Area Director

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