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NY G83917




November 28, 2000

CLA-2-90:RR:NC:MM:105 G83917

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Dante F. Versaci II
General Manager
Senator International
11250 North West 25th Street, Suite 124
Beacon Trade Port Industrial Park
Miami, Florida 33172

RE: The tariff classification of administration sets from Spain, Mexico, or Italy

Dear Mr. Versaci:

In your letter, dated November 1, 2000, on behalf of Victus, Inc., you requested a tariff classification ruling.

The first item is labeled “Bureset 150, Vented Measure Volume Solution Administration Set, with 2 Injection Sites Automatic Shutoff”. It appears to be made almost entirely of plastics. Its main elements are: 1. A transparent tube, about 7 inches long and 1.5 inches in diameter, marked from 0 to 150 milliliters along its length. 2. Two connected, transparent, flexible tubings, both about .25 inch in diameter. One is about five feet long; the other is about one foot long. 3. Ramp clamp tubing clamps on each tube. 4. Connectors for the tubing.

The second item is labeled “BasIVset, No Vented I.V. Set with 1 Injection Site”. It is like the previous item except that the single tubing is shorter and that there is no large tube marked in milliliters.

In your letter, you describe them only as “administration sets”.

We note that many intravenous administration sets are used in conjunction with electric dosage pumps. However, per HRL 958098, such sets are not parts or accessories of “electro-medical instruments and appliances”.

We also note that there is no country of origin marking on the packages, only “Victus, Inc....Miami, Florida”. That would, of course, not be appropriate for products of Spain, Mexico, or Italy.

Regarding the third item, labeled “Bolsa E.V.A Pisa”, it is substantially different from the other two items in that it has a large plastic bag and many more elaborate connectors. There is no description in English. Please provide a translation of the statements on the packaging, assuming that will be sufficient to determine its classification.

In addition, you must correct your procedural errors and bring any new request into compliance with the below. Give an explanation if the information is not “known”.

INFORMATION REQUIRED IN RULING REQUESTS

Ruling requests must be in writing, must be filed in triplicate and must contain a complete statement of all relevant facts relating to the transaction including:

- The names, addresses, and other identifying information of all interested parties (if known); the manufacturer ID code (if known); - The name(s) of the port(s) in which the merchandise will be entered (if known); - A description of the transaction; for example, a prospective importation (merchandise) from (country); - A statement that there are, to the importer’s knowledge, no issues on the commodity pending before the Customs Service or any court; and - A statement as to whether classification (HTS or TSUS) advice had been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you regarding the third sample and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

The applicable subheading for samples 1 and 2 will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances used in medical, surgical, dental or veterinary sciences, including parts and accessories thereof. 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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