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NY 873837




MAY 27, 1992

CLA-2-84:S:N:N1:105 873837

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.89.5075, 7326.90.9090, 8203.20.2000, 9018.31.0080, 9018.31.0090

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

RE: The tariff classification of artificial insemination equipment from Germany

Dear Mr. Simmet:

In your letter dated April 17, 1992 you requested a tariff classification ruling.

The five articles you plan to import for the artificial insemination of sows and cows are: an "air-conditioned" box for storing boar semen; containers for the sterilization and storage of "Melrose: catheters; semen straw tweezers; artificial insemination gun "Quicklock"; and "Multifit" and "Standard" disposable artificial insemination sheaths.

The "air-conditioned" box, equipped for operation with 12V DC, 110V or 220V AC, is available in two sizes: 12 and 25 liters. A thermoelectric element cools or heats the box so that the semen stored therein is automatically maintained at 63 degrees F. This allows non-frozen boar semen to be stored for up to seven days. It does not effect any change in humidity.

The sterilization containers are made of stainless steel and are available in three size capacities: 9, 20 and 40 catheters. They are tubular with removable top and bottom lids and a tray with 9, 20 or 40 openings into which the catheters fit and which suspends them. The top and bottom lids are removed and the tube is lowered into a pot of boiling water to effect sterilization. We note that there are no electrical or mechanical functions in the cylinders.

While the two previous items are employed in the artificial insemination of sows, the remaining three are used to inseminate cows. The semen straw tweezers are made of stainless steel and measure approximately 10 inches in length. They have special grooves in both sides of the tip and are angled in a certain way that allows manipulation of straws with small diameters that are used in the storage of boar semen.

The "Quicklock" artificial insemination gun is in fact a long slender syringe (18 inches approximately) consisting of a stainless steel barrel and plunger, and a handle and locking mechanism made of plastic.

The sheaths are made of plastic and have molded tips of specific diameters to receive the semen-filled straws. Use of these disposable sheaths over the insemination gun permits reuse of the gun without sterilization.

The applicable subheading for the "air-conditioned" box for boar semen will be 8419.89.5075, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery, plant or laboratory equipment, for the treatment of materials by a process involving a change of temperature . . . other than of a kind used for domestic purposes: other: other. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the sterilization container will be 7326.90.9090, HTS, which provides for other articles of iron or steel. The rate of duty will be 5.7 percent ad valorem.

The applicable subheading for the tweezers will be 8203.20.2000, HTS, which provides for pliers (including cutting pliers), pincers, tweezers and similar tools and parts thereof. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the "Quicklock" artificial insemination gun will be 9018.31.0080, HTS, and that for the sheaths will be 9018.31.0090. These subheadings provide for syringes, with or without their needles; parts and accessories thereof. The rate of duty for both will be 8.4 percent ad valorem.

Certain machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon the submission of actual use certification, as provided for in Section 10.131 - 10.139 of the Customs Regulations, the "air- conditioned" box for boar semen, the "Quicklock" artificial insemination gun and the plastic sheaths would be alternatively classifiable in subheading 9817.00.5000, HTS, and would be free of duty. However the sterilization container and the tweezers are excluded from consideration under this provision by operation Subchapter XVII Notes 2(ij) and 2(r) respectively. A copy of the tariff page containing these Notes is enclosed.

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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