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NY E81463




June 3, 1999

CLA-2-90:RR:NC:MM:105 E81463

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.7560

Mr. Donald Simpson
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification infusion pumps from Germany or Switzerland

Dear Mr. Simpson:

In your letter, dated April 27, 1999, for B. Braun Medical, you requested a tariff classification ruling.

You provided multi-page brochures describing the Multifuse and the Perfusor Compact models, but no samples.

Both push the plunger of a syringe that has been inserted into it at a rate which ensures that the medicament will be dispensed to the patient at the chosen rate. In accordance with HRL 959962, 1-5-97, and Chicago Custom’s letter 959962, 3-26-98, it is not a pump for Tariff purposes. We note that the medicament does not flow through it since it starts in and remains in the syringe until pushed out by its own plunger.

We assume that the infusion pumps will not be imported with matching syringes.

The applicable subheading for both items will be 9018.90.7560, Harmonized Tariff Schedule of the United States (HTS), which provides for “other”, therapeutic electro-medical instruments and appliances. The general rate of duty will be free.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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