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NY 888367




August 16, 1993

CLA-2-90:S:N:N3:119 888367

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.6000

Mr. Thomas C. Lloyd
3M Transportation Department
PO Box 33250
St. Paul, MN 55133-3250

RE: The tariff classification of an Oxygenator Membrane Cartridge from the United Kingdom or Mexico

Dear Mr. Lloyd:

In your letter dated July 13, 1993 you requested a tariff classification ruling.

The article to be imported is an oxygenator membrane cartridge which is cylindrical in shape and measures 10 inches in length. It consists of a capillary membrane warp knit fabric (100% polypropylene hollow fiber monofilaments measuring 0.38mm in outer diameter and 0.28mm in inner diameter), wrapped around an inner plastic core tube (polycarbonate).

This cartridge is used in an oxygenator which is a device that mechanically oxygenates venous blood extracorporeally. The oxygenator is part of a heart-lung machine which serves as a temporary substitute for a patient's heart and lungs during open-heart surgery.

You have suggested that these cartridges be classified as parts of oxygen therapy devices under HTS 9019.20.0000, however, an oxygenator is not similar to the respiration apparatus that are covered by this provision. The oxygenator is used principally by surgeons and other operating room staff in surgical procedures.

The applicable subheading for the oxygenator membrane cartridge will be 9018.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for electro-surgical instruments and appliances, other than extracorporeal shock wave lithotripters; all the foregoing and parts and accessories thereof. The duty rate will be 7.9 percent.

Articles classifiable under subheading 9018.90.6000, HTS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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