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NY J84690

June 6, 2003

CLA-2-63:RR:NC:N3:351 J84690


TARIFF NO.: 6307.90.9889

Mr. Summy Hsu
Continental Agency
535 Brea Canyon Road
Walnut, CA 91789

RE: The tariff classification of a sterile catheterization accessories kit.

Dear Mr. Hsu:

In your letter dated May 5, 2003, you requested a ruling on behalf of Amsino Int'l, Inc., of Ontario, CA, on tariff classification. You did not indicate the country of origin of this product.

It is stated that after importation this kit will be sold to hospitals; we assume that by this you mean it is packaged for sale without any repackaging. The kit does not contain any actual catheterization apparatus, but consists of items to keep the procedure sterile. Those components are two non-woven textile pads, each 23½” x 17½”; a roll of plastic tape; two paper towels; a non-woven textile face mask; six packaged alcohol prep pads; a plastic disposable apron; a telfa island dressing pad.

General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTS), 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. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTS. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.

The instant kit consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., for use during the catheterization process). Finally, the articles are put up in a manner suitable for sale directly to users without repackaging. Therefore, the kit in question is within the term “goods put up in sets for retail sale.” GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. It is the opinion of this office that no one item in the kit imparts the essential character; thus, GRI 3(b) does not apply. GRI 3(c) says that, if neither GRI 3(a) nor GRI 3(b) applies, merchandise shall be classified in the heading that occurs last in numerical order among those equally meriting consideration. The item that occurs last is the face mask, classifiable in heading 6307.

The applicable subheading for this catheterization accessory kit will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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