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NY H81362

June 25, 2001

CLA-2-90:RR:NC:MM:105 H81362


TARIFF NO.: 9018.11.9000

Mr. Robert Domey
Fritz Companies
100 Walnut Street
POB 2874
Champlain, NY 12919

RE: The tariff classification of Telemetry Kits and Holter Kits from Canada

Dear Mr. Domey:

In your letter, dated May 16, 2001, for Ludlow Corporation, you requested a tariff classification ruling.

You state that all the samples are “used in hospital cardiology units.” Per the 28th Edition of Dorland’s Illustrated Medical Dictionary, a Holter monitor is a type of ambulatory ECG monitor.

You also state, “Although there are several part numbers, listed in the attachment, the function of the all remain the same, with variations of the number/type of electrodes and the size of the pouch and battery.” We disagree. In particular, the first three items listed have no electrodes at all. We therefore assume that you did not intend your ruling request to include them. The five remaining Telemetry Kits, individually packed in sealed plastic bags, contain “pred pads,” which we take to be typos for prep pads, to prepare the patient’s skin before attaching the adhesive ECG Monitoring Electrodes in each of those kits. All five of these Telemetry Kits include batteries, a textile pouch, and, in one case, a set of leadwires. The two Holter kits also include a disposable BIC razor, a blank Maxell audio cassette, and an 8 page, paper, patient diary, but not a textile pouch. We view the additional items, beyond the electrodes, as subsidiary ones to aid either in preparing the patient or in forwarding or recording the electrical data generated by the heart.

The kits with electrodes in the sealed bags are a set or composite good for classification purposes per Harmonized System Explanatory Notes to General Rule of Interpretation 3-b. The electrodes supply the essential character. Since the country of origin of the textile pouches is Canada, textile visa/quota will not apply whether the kits are sets or composite goods.

The applicable subheading for the seven kits with electrodes will be 9018.11.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of electrocardiograms. The general rate of duty will be free.

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.


Robert B. Swierupski
National Commodity

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