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NY J80679




March 11, 2003

CLA-2-90:RR:NC:N1:105 J80679

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.31.0090

Mr. Mark Pinchok
Bayer Corporate & Business Services LLC
100 Bayer Road
Pittsburgh, PA 15205-9741

RE: The tariff classification of Biodome Injection Caps from

Dear Mr. Pinchok:

In your letter dated January 31, 2003, you requested a tariff classification ruling. Per Mr. Johnson’s telephone conversation on March 4, 2003 with SNIS T. Russo, you have withdrawn your request for confidentiality for the entirety of the information in the attachment.

You describe your sample, minus the glass vial, as follows: “The Biodome Injection Caps are used as part of a delivery system for the medicament Kogenate FS, which is used in the treatment of hemophiliacs. Biodome Injection Caps are plastic caps that have been specially designed to cap pharmaceutical grade product vials like the ones for Kogenate FS medicament. The caps consist of a base with a needle system (including a female luer lock connection and an air vent filter) and a removable lid. This makes up the set that is firmly attached to the Kogenate FS vial. To provide a sealed closure, a standard rubber stopper acts as a conduit between the cap and the standard glass vial in which the Kogenate FS product remains.”

The glass vials and the medicaments which they will contain will be imported separately or produced domestically.

NISs J. Sheridan and J. Mazzola did agree that HTS 9018, not 3923, applied in responding to Bayer’s telephone call last year. As you indicate, this follows Headquarters Ruling Letter 963261-MGM, 9-28-99, which classified another quite elaborate bottle cap, the Bio-Set Infusion Device, also sold to pharmaceutical firms, in HTS 9018. Your item is clearly distinguishable in that your attachment confirms that your item consists only of rubber and/or plastics and does not contain metal, but the principle is the same.

However, as stated last year, NIS Sheridan does not believe that, within HTS 9018, HTS 9018.90.80 applies as you propose since the subheading covering 9018.31-.39 takes precedence over “other instruments and appliances and parts and accessories thereof.” The sample is used only as the air-locked entrance into the vial by those who insert the needle of a syringe through it to mix the medicament in the vial with another substance and then to withdraw the mixed liquid.

The applicable subheading for your Biodome Injection Caps will be 9018.31.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of syringes. The 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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