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NY 870980




February 25, 1992

CLA-2-90:S:N:N1:119 870980

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.5050; 3917.32.0010; 3926.90.9090; 9018.39.0020;9018.39.0040; 9817.00.5000

Mr. L. Simmet
Minitube of America, Inc.
114 Shiloh Dr.
Madison, WI 53705

RE: The tariff classification of articles used in artificial insemination of pigs from Germany and Switzerland.

Dear Mr.Simmet:

In your letter dated January 15, 1992, you requested a tariff classification ruling.

The articles to be imported are the following:

Commodity #1: The "Spirette" is a disposable plastic catheter with a flexible shaft and spiral tip used to inject semen into the pig. It is approximately 19 inches long and has a polypropylene shaft and a tip and handle made of PVC.

Commodity #2: The "Melrose Catheter" is used in the same manner as the "Spirette" but is made of rubber and is reusable. It is 20 inches long and has a flexible shaft and spiral tip.

Commodity #3: This article is a disposable plastic 100ml bottle used for the storage of boar semen and the artificial insemination of sows. The bottle top has a hollow spike that can be inserted into the handle of an artificial insemination catheter. The bottle is squeezed to eject the semen into the catheter.

Commodity #4: The "Merck-III" and "BTS" diluent mixtures are used to extend the volume of the collected semen and to provide a culturing medium for the semen cells during storage and insemination until fertilization occurs. The composition of both diluents based on 1000g is given below.

Merck-III
BTS
Glucose 815g 894.7g
Trisodium Citrate 120g 55g
EDTA 25g 30g
Sodium Carbonate
(Monohydrate) 25g 20g
Potassium Chloride 15g 0g
Gentamicin Sulfate 0g 0.3g

Commodity #5: The "Macrotube" straws are used for long-term storage of frozen boar semen and insemination of sows. The non- spermicidal PVC straws measure 280mm in length, 5mm in diameter and have a capacity of 5ml. Beads of metal or other material are used to seal the ends of the straws. To inseminate a sow, the farmer inserts the end of a straw into a catheter and expels the semen.

The applicable subheading for the "Spirette" and the "Melrose Catheter" will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTS), which provides for syringes, needles, catheters, cannulae and the like ... other. The statistical suffix for the "Spirette" will be 40 and for the "Melrose Catheter" 20. The rate of duty will be 4.2 percent.

The applicable subheading for the disposable plastic bottle with cap will be 3926.90.9090, HTS, which provides for other articles of plastics... other. The rate of duty will be 5.3 percent.

The applicable subheading for the diluent mixtures for boar semen will be 3823.90.5050, HTS, which provides for... chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products)... other. The rate of duty will be 5 percent.

The applicable subheading for the "Macrotube" straws will be 3917.32.0010, HTS, which provides for other tubes, pipes and hoses, not reinforced or otherwise combined with other materials, without fittings, of polyvinyl chloride. The rate of duty will be 3.1 percent.

Subheading 9817.00.5000 provides duty free treatment for machinery, equipment and implements to be used for agricultural or horticultural purposes. Based on the information you have furnished, all the articles described above are used on the farm and by the farmer, however the diluent mixtures do not constitute machinery, equipment or implements and would therefore not be eligible for this free provision.

The "Spirette", the "Melrose Catheter", the disposable plastic bottle with cap and the "Macrotube" straw are eligible for the duty free treatment of subheading 9817.00.5000, provided the actual use requirements of 19 CFR Sections 10.131 through 10.139 are satisfied.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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