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NY A81318

April 5, 1996

CLA-2-30:RR:NC:FC:238 A81318


TARIFF NO.: 3006.10.0000; 9018.39.0050

M. Barry Levy, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of VasoSeal Hemostasis Kit and VasoSeal Needle Depth Indicator Kit from the Netherlands

Dear Mr. Levy:

In your letter dated February 23, 1996, resubmitted on March 19, 1996, on behalf of your client, Datascope Corp., you requested a tariff classification ruling.

The submitted samples consist of a sterile hemostatic kit and a sterile needle-depth-indicator kit ("NDIK"), which are used together for the purpose of applying collagen (the hemostatic substance), internally, to an arterial puncture site. Each kit is separately packaged.

The NDIK, which is used to measure the depth of the puncture site below the skin surface, consists of a needle clamp and an indicator card. Each card has seven, adjacent bands of different colors printed on one of its surfaces. Each band, in turn, bears a "kit number" (from "1" through "7"), which corresponds to the proper hemostatic kit to use to deliver the collagen. Prior to removing the needle from the artery, the clamp is placed on the needle, at the skin surface, to mark the distance from the skin surface to the arterial wall. The needle, with the clamp still affixed, is then placed on the card, and the color band indicated at the needle tip noted. As noted above, the kit number printed on the color band where the tip of the needle comes to rest indicates the correct hemostatic kit to select.

The hemostatic kit consists of five components, namely: two collagen-containing cartridges, a sheath, a dilator, a guide wire, and a guide wire introducer. Once the appropriate kit is selected, it is, as noted above, used to deliver the collagen contained in the cartridges to the arterial puncture site.

You assert in your letter of February 23, 1996, that, in those circumstances where the hemostatic kits and NDIKs are imported in equal numbers in the same shipment, the two kits, collectively, are, pursuant to GRI 3, HTSUSA, composite goods, with the essential character imparted by the collagen of the hemostatic kit. Therefore, the two kits, to the extent that they may be imported in equal numbers in the same shipment, are properly classifiable, collectively, under subheading 3006.10.0000, HTS. In addition, you state in your letter of March 19, 1996, that each kit must be used with a kit of the other type in order to perform its function, and would not normally be offered for sale separately. However, we note that you also state in your letter of March 19, 1996, that, in their imported condition, "the two kits would not be put up in a common packing, but would be packed in separate boxes containing multiple units of the same kit." In addition, we note that, according to the descriptive literature submitted, "The VasoSeal Needle Depth Indicator Kit is supplied separately." Accordingly, in our opinion, each kit is separately classifiable.

The applicable subheading for the hemostatic kit will be 3006.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, "sterile absorbable surgical or dental hemostatics." The rate of duty will be free.

The applicable subheading for the the needle-depth-indicator kit will be 9018.39.0050, HTS, which provides for: "Syringes, needles, catheters, cannulae and the like; parts and accessories thereof: Other: Other." The rate of duty will be 2.5 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 C. Reilly at 212-466-5770.


Roger J. Silvestri

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