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HQ 958115

OCTOBER 11, 1995

CLA-2 R:C:M 958115 JAS


TARIFF NO.: 9018.32.00, 9609.10.00, 9817.00.50

Mr. Joseph J. Kenny
Liberty International, Inc.
470 Main Street
Pawtucket, RI 02860

RE: Livestock Marker, Crayon Filled Tube for Marking or Identifying Farm Animals, Heading 9609; Cannula Used With Syringes for Inoculating Farm Animals, 9018; Implements for Agricultural or Horticultural Use, Heading 9817.00.50; Actual Use, 19 CFR 10.131-10.138

Dear Mr. Kenny:

Your letter of June 5, 1995, to the Customs port at Providence, has been referred to this office for reply. Your inquiry, on behalf of Cotran Corp., concerns the tariff classification of certain crayon markers and cannulae for syringes, both used with livestock. Samples were submitted.


The crayon is tubular shaped, 4 3/4 inches long and 1 1/3 inch in diameter. It consists of a retractable, colored waxy material encased in a layered paper sheath, with a protective plastic top. The crayon is said to be for use in marking livestock for identification, such as inoculation, separation purposes, etc. The articles you refer to as cannulae are hollow needle-like tubes of metal, nearly 1 7/8 inch long in a plastic protective sheath. They have a contoured point at one end and a hollow metal fitting at the other end to permit attachment to a syringe. They are said to be for use in inoculating or feeding farm animals.

Because the importer states he intends to use these articles in agricultural pursuits, you contend the provision for machinery, equipment and implements to be used for agricultural or horticultural pursuits, in heading 9817.00.50, Harmonized tariff Schedule of the United States (HTSUS) is applicable.

The provisions under consideration are as follows:

9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof:

Syringes, needles, catheters, cannulae and the like;

9018.32.00 Tubular metal needles and needles for sutures and parts and accessories thereof...5.1 percent

9609 Pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors' chalks:

9609.10.00 Pencils and crayons with leads encased in a rigid sheath
...14 cents/gross + 14.3 percent

9817.00.50 Machinery, equipment and implements to be used for agricultural or horticultural purposes...Free


Whether the livestock marker and cannulae are agricultural or horticultural implements for tariff purposes.


Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

As indicated, heading 9609 provides, among other things, for crayons, eo nomine by name. The livestock markers, as described, are within the common meaning of the term crayon for purposes of heading 9609. Instruments and appliances of heading 9018 need not necessarily be used in professional practice; rather, it is - 3 -
the nature of the instrument or appliance that determines whether it is encompassed by heading 9018. In this case, the style of the point, relatively large diameter of the lumen, and other physical characteristics of the article referred to as a cannula, together with statements of intended use, lead us to conclude it is principally used in veterinary science. However, we disagree that it is a cannula. The term cannula denotes a tube used for drainage or for withdrawing bodily fluids, often fitted with a trocar or sharp pointed instrument to pierce the body cavity. The trocar is then withdrawn leaving the hollow cannula to perform its intended function. As described, the article in question does not function in this manner. However, needles are among the instruments and appliances provided for in heading 9018. Slender hollow instruments for introducing material into or withdrawing material from the body parenterally are among articles that are needles for tariff purposes. The articles you refer to as cannula are needles of heading 9018.

Heading 9817.00.50, HTSUS, accords free entry to machinery, equipment and implements to be used for agricultural or horticultural purposes. This is a provision governed by actual use. Notwithstanding the existence of a competing provision or provisions in the HTSUS, the livestock markers and needles are eligible for classification in heading 9817.00.50 if the conditions and requirements thereof and any applicable regulations are met. Initially, articles of headings 9018 and 9609 are not excluded from heading 9817.00.50 by the U.S. Notes to Chapter 98, Subchapter XVII, HTSUS. Secondly, the marking of farm animals to identify them for purposes of special feeding, medical treatment, slaughter, etc. and utilizing needles to provide nutrition or medicines sufficiently relate to the care and maintenance of livestock as to qualify as legitimate agricultural pursuits. Finally, entries under heading 9817.00.50 must conform to applicable Customs Regulations where the rate of duty depends on actual use.


Under the authority of GRI 1, the livestock markers are provided for in heading 9609. They are classifiable in subheading 9609.10.00, HTSUS. Under the authority of GRI 1, the needles are provided for in heading 9018. They are classifiable in subheading 9018.32.00, HTSUS.

The livestock markers and needles are eligible for free entry under the provisions of heading 9817.00.50, upon compliance with sections 10.131 through and including 10.139, Customs Regulations.


John Durant, Director
Tariff Classification
Appeals Division

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