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NY H86777

January 8, 2002

CLA-2-90:RR:NC:N1:105 H86777

TARIFF NO.: 9018.39.00

Ms. Jennifer Archer, Air Import Manager
James G. Wiley Company
P.O. Box 90008
Los Angeles, CA 90009-0008

RE: The tariff classification of a laryngeal mask from the Seychelles or the United Kingdom

Dear Ms. Archer:

In your letter dated December 19, 2001, for Laryngeal Mask Company Limited, you requested a tariff classification ruling.

Although you twice refer to the item as a “face mask” in your letter, from the samples and the booklet you provided, we do not believe that any of the import will cover any of the patient’s face. As NISA J. Wilson explained in her telephone call to you on January 4, we take it that the lubricating jelly is applied to the oval portion of the item, and it is then slid down the patient’s throat with the other end of the tubing sticking out of the patient’s mouth. When the oval portion is at the larynx, the piston of the 35 cubic centimeter capacity syringe is depressed to pump up the flexible oval portion surrounding the tube large enough so that it will prevent air from leaking around the tubing and also prevent the tubing from being pulled out until the oval section is reduced in size by pulling up on the syringe’s piston. It is similar in its method of operation to a Foley catheter.

Per the booklet, the tubing serves primarily as a path for anesthetics into the patient’s lungs.

You state that the Customs port of entry believes that HTS 9020.90.00 applies. However, its purpose is not to protect the user from noxious fumes or the lack of oxygen in the environment, noting the Explanatory Notes to Harmonized System Heading 9020. Also, its II-c specifically excludes masks used for administering anesthetics and points to HS 9018 for them.

We note that HS 9019.20 includes artificial respiration and other therapeutic respiration apparatus and that the articles of HS 9019 are excluded from HS 9018 per Exclusion k in its EN. However, noting the EN’s to 9019, it is not covered since the import will not assist patients who cannot breathe on their own nor will it provide medicaments to the respiratory system.

You proposed classification in HTS 9018.90.30, in the subheading of Other medical appliances, sub-subheading Parts and accessories of anesthetic appliances. However, the subheading above HTS 9018.31-.39, Syringes, needles, catheters, cannulae and the like, describes your import and is more specific than Other medical appliances.

The applicable subheading for the import will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTS), which provides for catheters, cannulae and the like. The 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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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