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NY M85325

August 1, 2006

CLA-2-90:RR:NC:N1:105 M85325


TARIFF NO.: 9018.90.8000

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of monitoring extension set, disposable flow/flush device and disposable transducer with built-in flush device made in Singapore

Dear Ms. Kelly-Kobayashi:

In your letter dated July 26, 2006, for Becton Dickinson Infusion Therapy, Inc., you requested a tariff classification ruling. Three samples were submitted.

You state, “Product No. 682100 is a monitoring extension set with 6 in. pressure tubing. Product 682060 is an in-line 3 cc per hour disposable flow/flush device for use with pressure monitoring sets. Product 682019 is a disposable transducer with a built-in 30 cc per hour flush device for neonatal monitoring. It is used in connection with a mechanical infusion.

Per the samples, all three will be imported individually, packed sterile.

We note the similarity between the 682100 and the 682060 and items in Headquarters Ruling Letter 951857 KCC, 8-14-92 and New York RL 864354-119, 7-15-91.

We agree that the applicable subheading for the 682100 and 682060 will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" medical, surgical or veterinary instruments and appliances and parts and accessories thereof. The rate of duty will be free.

Per your request, the samples are being returned to you, in a separate mailing. 

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Regarding the 682019, we are returning your request for a ruling, and any related samples, exhibits, etc.

We need additional information in order to issue a ruling. Please submit the information described below:

Descriptive literature or a detailed explanation on the use of the item.

Descriptive literature or a detailed explanation on how the item operates/ functions.

In particular,
What does the electrical output of the transducer correspond to? Noting the definition of “diagnostic” in Headquarters Ruling Letter 964765 JFS, 6-25-01, is this used to determine the presence of a disease or ailment as opposed to monitoring a level to determine if treatment is appropriate at a given time?

Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

If you decide to resubmit your request, please include all of the material that we have returned to you regarding the 682019 and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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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