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NY H89428




April 8, 2002

CLA-2-90:RR:NC:N1:105 H89428

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000; 8467.29.0090

Mr. Billy J. Gwin, LCB
Trade Management Services, Inc.
1201 C Street NW
Auburn, WA 98001-3937

RE: The tariff classification of 3 items from Australia

Dear Mr. Gwin:

In your letter to Customs in Seattle, dated February 28, 2002, received here March 14, 2002, for the importer, you requested a tariff classification ruling. We note that you state that the importer is TIL North America, but we assume that is a typo for ITL North America. A sample of only the Blade Guard was received.

The Blade-Guard is a plastic scabbard-handle which in the closed position, completely covers the edge of the included curved blade used to cut open surgical stitches. They are sold in individual, sterile plastic bags. It is designed that, when the blade is pulled back in, the item can be disposed of with minimal stick risk to hospital personnel. You supplied a copy of an 8/13/2001 decision from Her Majesty’s Customs and Excise classifying this item in 9018.90.85. We agree with their Harmonized System (6 digit) classification. (The UK like all HS signatories has its own breakouts for the 7 & 8 digits.)

The Flipper Stripper is a hand-held stripping and crimping device for bloodline tubing. The unit weighs less than a kilogram and incorporates an electric drive motor and clamping motor, both powered by rechargeable battery. It can be used to strip all tubing diameters and features self- propelling tubing stripper rollers.

You propose classification in 9018.90. However, we note that blood flows through tubing in therapeutic, blood analysis, and laboratory research settings and that we see no features that clearly identify this item for use with tubing for therapeutic uses of blood as opposed to other uses of even for other substances.

The Safety Shield is a clear Plexiglas Shield/Screen with built in magnifier. There are both Clamp-on and Table-top models. It is designed to protect both healthcare professionals and laboratory technicians from blood splashes, aerosols and sprays. You propose classification in 9018.90. However, we note that even items designed to protect surgeons from liquid borne infection, such as textile protective clothing, are not considered Medical Instruments or Appliances of 9018, in accordance with the Explanatory Notes to HS 6114.

The applicable subheading for the Blade Guard 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. The rate of duty will be free.

The applicable subheading for the Flipper Stripper will be HTS subheading 8467.29.0090 which provides for tools for working in the hand with self-contained electric motor: other. The rate of duty will be free.

In order to issue a classification ruling on the Safety-Shield, additional information is required. The descriptive literature indicates that the Safety-Shield contains a built-in magnifier. What amount of magnification is provided by the magnifier? How much of the surface area of the Safety-Shield does the magnifier comprise? If available, a representative sample of the shield should be provided to this office when you submit the additional information.

When this information regarding the Safety Shield 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 Safety Shield and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 concerning the additional information needed for the classification of the Safety Shield, contact National Import Specialist B. Kiefer at 646-733-3019. If you have any other questions regarding this ruling, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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