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NY A80023




March 1, 1996

CLA-2-90:R:N4:119 A80023

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.39.0040

Mr. Bill Wratschko
Daher Golden Eagle
200 Center Street
El Segundo, CA 90245

RE: The tariff classification of tracheal tubes from Malaysia

Dear Mr. Wratschko:

In your letter dated February 1, 1996 you requested a tariff classification ruling on behalf of Baxter Healthcare Replenishment Center, Fontana, CA.

The articles to be imported are various tracheal tubes (oral/nasal) that are inserted into a patient's trachea through the nose or mouth and attached to a ventilator, respirator or anesthetic machine to provide a flow of gases or air to and from the patient. The tracheal tubes vary in configuration but consist basically of a graduated plastic tube with a patient's beveled opening at one end and a connector at the other end. Two of the samples you sent have inflatable cuffs to provide a leak-free fit between the tube and the trachea. Tracheal tubes meet the definition of a catheter and have in the past been classified by Customs accordingly.

The applicable subheading for the tracheal tubes will be 9018.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for syringes, needles, catheters, cannulae and the like; parts and accessories thereof... other. The duty rate will be 2.5 percent.

This ruling is being issued under the provisions of Part 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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director

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