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HQ 955820




December 7, 1995

CLA-2 RR:TC:MM 955820 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.80

Port Director
U.S. Customs Service
P.O. Box 9516
El Paso, Texas 79925

RE: IA 106/93; AVI Infusion Pump Set

Dear Port Director:

With your memorandum of November 1, 1993 [CLA 1-EP:C:C OS], you forwarded a request for internal advice submitted by counsel, on behalf of Minnesota Mining & Manufacturing Company (3M), concerning the classification of AVI Infusion Pump Sets under the Harmonized Tariff Schedule of the United States (HTSUS).

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed modification of NY 846330, dated November 8, 1989, and NY 895684, dated April 15, 1994, was published October 11, 1995, in the Customs Bulletin, Volume 29, Number 41. In these rulings, similar I.V. administration sets were classified either under subheading 9018.90.75 (then, 9018.90.70), HTSUS, which provides for electro-medical instruments and appliances and parts and accessories thereof, or subheading 9018.90.80, HTSUS, which provides for other medical instruments and appliances.

After reviewing our file on this matter, including the comments submitted by 3M in response to the notice of October 11, 1995, we have determined that HQ 957817 and HQ 958098, dated December 1, 1995, which modify NY 846330 and NY 895684, are dispositive on the classification of the AVI Infusion Pump Set. Copies of the final modification notice, along with HQ 957817 and HQ 958098, are enclosed. They will be published in a forthcoming Customs Bulletin. - 2 -

HOLDING:

The AVI Infusion Pump Set is classifiable under subheading 9018.90.80, HTSUS, which provides for other medical instruments and appliances. The corresponding rate of duty for articles of this subheading is 7.9% ad valorem.

This decision should be mailed by your office to the internal advice requester no later than 60 days from the date of this letter. On that date, the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

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