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NY N011052

June 8, 2007



TARIFF NO.: 9018.39.00

Mr. Sergio Irigoyen
Avent Inc.
6951 East Southpoint Road
Tucson, AZ 85706

RE: The tariff classification of a 24 Hour Oral Care Kit from Mexico

Dear Mr. Irigoyen:

In your letter dated May 7, 2007, you requested a tariff classification, marking, country of origin, and NAFTA ruling. No sample was provided.

You state: “The name of the product is 24 HOUR ORAL CARE KIT. It will be imported from Mexico of US, Mexican and Chinese made parts.

The product is marketed and used in hospitals by health care professionals.

The intention of the product is to be used to clean the mouth of patients that are on ventilators in order to reduce the possibility of acquiring Ventilator Associated Pneumonia (VAP). It is intended to be used during different times of a 24 hour time period.

The product consist of a series of plastic molded tubes that connect to a vacuum and have a suction tip that should be interchanged with each cleaning during a 24 hour time period to maintain bacteria from forming in the patient’s mouth. The tips consist of: a brush tip, a sponge tip, a catheter tip and a yankauer tip; this is a suction tip that has a manual retractable cleaning mechanism that helps clean the debris that might attach to the tip. Additionally the kit includes chemicals, attached are MSDS for the three chemicals in question, that are used to help release and kill bacteria that might have formed in the mouth; these chemicals are drained out using the tips and tubes and will carry the bacteria out of the mouth

The product is packaged in such a manner that each tip and the auxiliary cleaning elements are contained in a different blister pack to avoid contamination, yet are packaged all in one container that holds 18 units of 24 hour packs. Attached is a bill of materials that details the contents of the product.”

Per the Bill of Materials you supplied, the items in each kit and their quantity will be:

“Toothbrush, ORCA 2
DentaSwab, 6” Plastic 6
Mouth Moisturizer packet, 2g 6
0.5% CPC Antiseptic Filled Dispenser, 15mL 2 Suction Swab Sub 4
1.5% H202 Antiseptic Filled Dispenser 4
Cleaning Yankauer, 24 Hour Oral Care Kit 1 Suction Valve Handle, 24 Hour Oral Care Kit 1 Parallel Y 1
OP Catheter Sub 2
Film, Bottom Web, 24 Hour Oral Care Kit Trays 1.67 ft Film, Printed, Top Web, 24 Hour Oral Care Kit Trays 1.67 ft”

You have requested “Classification; Marking; Country of Origin; Application of Trade Program or Agreement.”

We note that the suction tubes that go into the patient’s mouth and throat would be of no use unless they are connected to an aspirator that creates a partial vacuum. Note 1-d to Chapter 85, HTSUS, excludes Vacuum apparatus of a kind used in medical, surgical, dental or veterinary purposes (Chapter 90).

Regarding the classification of the 24 Hour Oral Health Care Kits, packed together for retail sale, either as individual kits or in larger cartons containing 18 kits, we consider the Cleaning Yankauer and the Catheters to be, at minimum, in the last heading which equally merits consideration under HTSUS General Rule of Interpretation 3-c.

The applicable subheading for the kits will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Syringes, needles, catheters, cannulae and the like and parts and accessories thereof. The rate of duty will be free.

Regarding your other requests, 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:

Approximate cost at time of assembly into the kits for each item in the bill of materials. This is particularly needed for possible “de minimis” determinations. A photograph, photocopy, or other legible representation of all the printing on all sides of each of the cartons and inner packs shown in the 2-7-07 photograph of the kit. What are the approximate dimensions of each kit and each carton of 18 kits? Provide the evidence, if any, that it is not commercially feasible for purchasers to sell kits separately from the larger carton. Explain the relationship between the packaging in the “24 Hour Oral Care Kit” photo dated 2-7-07 and the “new easy access 24 Hour Oral Care Kit” drawing, of what appears to be blister packs, on the page headed “Total Solution Description. – Claims.”

If you decide to resubmit your request, please include all of the material that we have returned to you 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.

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/.

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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