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HQ 086015


January 10, 1990

CLA-2 CO:R:C:G 086015 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.39.00

Mr. Stewart Olsen
John A. Steer, Inc.
43 Park Place
New York, New York 10007

RE: Fistula needle set

Dear Mr. Olsen:

Your letter requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for fistula needle sets has been referred to this office for a reply.

FACTS:

The articles in question are fistula needle sets imported from Singapore. The fistula needle sets consist of a 12-inch plastic tube which is fitted on one end with a 17 gauge stainless steel needle, needle guard and stabilizer, and fitted at the other end with a female Luer fitting and a protective cap.

The fistula needle set is a member of a class of merchandise known as hypodermoclysis apparatus. This apparatus is used clinically for the intravenous application of medication, blood serum, glucose solution, and sodium chloride solution. The device's packaging states that it is used in "gaining access to a patient's circulatory system."

ISSUE:

What is the appropriate classification under the HTSUSA for the fistula needle set?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, 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..."

The appropriate classification, according to the terms of the headings, for the fistula needle set is within subheading 9018.39.00, HTSUSA. This subheading describes:

9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences....

9018.39.00 Syringes, needles, catheters, cannulae and the like; parts and accessories thereof...Other...

Dorland's Illustrated Medical Dictionary defines a cannula as "a tube for insertion into a duct or cavity; during insertion its lumen (cavity or channel within a tube or tubular organ) is usually occupied by a trocar (a sharp pointed instrument...used to puncture the wall of a body cavity...)." Dorland's Illustrated Medical Dictionary, pp. 262, 956, 1760 (1988). A catheter is defined as "a tubular, flexible, surgical instrument for withdrawing fluids from (or introducing fluids into) a cavity of the body..." Dorland's Illustrated Medical Dictionary, p. 284. Fistula is defined as "an abnormal passage or communication, usually between two internal organs, or leading from an internal organ to the surface of the body..." Dorland's Illustrated Medical Dictionary, p. 635 (1988).

The subject fistula needle set is a small, flexible, plastic tube inserted into a body cavity (a blood vessel) by a sharp pointed instrument (a needle). The tube acts as an abnormal passage from the blood vessel to the body surface. It allows blood or other fluids to enter or leave the vessel. Therefore, the fistula needle sets, by definition, are similar to "needles, catheters, cannulae and the like..." and properly classified within subheading 9018.39.00.

HOLDING:

The fistula needle sets imported from Singapore are properly classified within subheading 9018.39.00, HTSUSA, as "Instruments and appliances used in medical, surgical, dental or veterinary sciences....Syringes, needles, catheters, cannulae and the like; parts and accessories thereof...Other..."

Sincerely,

John Durant, Director
Commercial Rulings Division

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