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NY F81137





January 18, 2000

CLA-2-90:RR:NC:MM:105 F81137

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Ms. Margaret Polito
Neville, Peterson & Williams
80 Broad Street - 34th Floor
New York, NY 10004

RE: The tariff classification and country of origin marking of Needle Holders, Forceps and Hemostats from China

Dear Ms. Polito:

In your letter, dated December 17, 1999, for Medical Action Industries, you requested a tariff classification ruling.

Although you did not attach a copy of our original rejection letter of September 9, 1999 to you, as we had requested, you did answer most of the questions we asked. You still have not supplied any cost information, but your alternative information is sufficient in this case, in particular the Medical Products Catalog by Acme Healthcare/Medical Products, which you and the catalog indicate is a subsidiary of Medical Action Industries.

You did not indicate what the stock or catalog numbers of any of the samples, but from your description that all are made of nickel plated low carbon steel and from the catalog pictures, we take them all to be the “One Time Disposable Instruments”, which are “each packed in peel open sterile pouches.”

Assuming that they will be imported in those sterile pouches, we agree that they are classifiable in HTS 9018.

We note that the needle holders and hemostats are die stamped “CHINA” in letters about 1/32 inch high. This is therefore about ¼ the height and thus 1/16 of the area as it appears in this letter. We found it difficult to read even with a magnifying glass. We therefore do not consider that marking sufficiently legible for the purposes of Customs Regulation 134.11. Therefore, any shipments with the same marking, if that is the only marking, should not be released from Customs custody per CR 134.51. If there is sufficiently larger marking on the package which keeps it sterile, that would be acceptable since only the ultimate purchaser would ordinarily open that package.

We agree that the applicable subheading for these items will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “other”, non-“electro” instruments and appliances used in medical and surgical sciences. The general rate of duty will be free.

Your samples are being returned to you in a separate mailing.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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