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NY N012151

June 27, 2007



TARIFF NO.: 9018.90.8000

Mr. Sergio Irigoyen
Avent Inc.
6951 E. Southpoint Road
Tucson, Arizona 85706

RE: The tariff classification and marking of a MIC Percutaneous Placement Kit exported from Mexico

Dear Mr. Irigoyen:

In your letter dated May 30, 2007, you requested a tariff classification and marking ruling. No sample was provided.

From the Bill of Materials, exclusive of Packaging Materials, that you supplied each Percutaneous Placement Kit contains:

Description Commercial Description Qty U/M

Syringe SYRINGE LUER SLIP, 12CC 2 ea.
24fr Dilator DILATOR ASSY, 24FR 1 ea.
Gastropexy Device (includes) GASTROPEXY ASSY 1 ea. Scalpel SCALPEL #11 SAFETY 1 ea.
Introducer Needle NEEDLE, SAFETY INTRODUCER 1 ea. Hemostat FORCEPS, S. STL., CURVED 1 ea.
Guidewire GUIDEWIRE, .035 IN X 80CM, J 1 ea.

From your description: “The merchandise in question Percutaneous Placement Kit is a medical device used to initially place balloon retained enteral feeding catheters for gastrostomy feeding. The kit is intended for single use.”

The applicable subheading for the kit will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" instruments and appliances used in medical, surgical, or veterinary sciences and parts and accessories thereof. The general rate of duty will be free.

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).

Regarding its marking, 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, exclusive of Packing Materials. This is particularly needed for possible “de minimis” determinations. Provide a copy of the picture of the kit on the unnumbered page entitled Total Solution Description – Claims with the name of each item provided with an arrow pointing to it. Why does that picture appear to show four identical items (perhaps syringes) when your bill of materials shows, at most, two of each item? The bill of materials is truncated at “includes” regarding the Gastropexy Assembly. What subcomponents does it include and what are the approximate costs of each?

Also include a statement as to whether marking 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 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.

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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