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NY L88388

November 16, 2005

CLA-2-90:RR:NC:N1:105 L88388


TARIFF NO.: 9018.90.8000

Mr. W. J. Gonzalez
Trans-Union Customs Services, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of a Skin Marker Pen from China

Dear Mr. Gonzalez:

In your letter dated October 14, 2005, for Sandel Medical Industries, you requested a tariff classification ruling. A sample marker for surgery was submitted.

You state: “This marker is designed to be used in the surgery room. It has two tips; one has a special ink that is used to mark the skin where the incision will be made; and the second tip has ink that writes on all surfaces, permanently. This second tip allows surgery personnel to, among other things, write patient and other important information on the containers holding the organs removed during surgery, which helps prevent mix-ups.

The pen is used once and it is discarded.

The ink is made in the U.S.A. purchased and imported into China by the pen’s manufacturer.

The marker is made in China and it is presently sterilized and packaged in the U.S. and sold ready for use in sterile conditions. The pen is sold at the wholesale level to distributors who in turn sell them in kit form to hospitals.”

The sample, presumably the Chinese pen after sterilization and packaging in the USA, is marked Made in China – Sterilized in the USA.

The special ink for use on skin and its sale after sterilization in sterile packaging does indicate that it is clearly identifiable as being for medical or surgical use.

We note that Note 1-f to HTS Chapter 96, which includes pens, markers, etc., excludes the Articles of HTS Chapter 90 from that Chapter.

We agree that the applicable subheading for the imported markers will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances and parts and accessories thereof used in the medical, surgical, dental or veterinary sciences. 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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