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NY J89309




October 3, 2003

CLA-2-90:RR:NC:N1:105 J89309

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.39.0040

Ms. Linda I. Perry, LCB
Corporate Compliance
One Butterfield Trail
El Paso, TX 79906

RE: The tariff classification of suction articles from Mexico

Dear Ms. perry:

In your letter dated August 28, 2003, for Cardinal Health, you requested a tariff classification ruling.

Your color brochure states: ”MEDI-VAC SUCTION HANDLES - Medi-Vac suction handles deliver performance and maneuverability. These lightweight handles are designed to provide optimal control and visibility with minimal tissue trauma.

MEDI-VAC SUCTION TUBING - Medi-Vac sterile suction tubing is a cost-effective solution with the quality and reliability you need to remove fluids from the surgical field. Bulk Nonsterile Rolls - Tubing is available in 100’ rolls with Maxi-Grip connectors at 6’ intervals for length customization. A convenient packaging dispenser is provided for easy transport and use. Cat. Nos. N5100, N6100, N7100.

The copy of the cc-mail from D. Matson dated 6-18-02 states:

K80 Yankauer Suction Handle, Tapered Bulbous Tip K87V Yankauer Suction Handle, Bulbous Tip, Vented K60 Flexi-Clear Suction Handle, Fine Capacity K61V Flexi-Clear Suction Handle, Regular Capacity Vented

In regards to the use of yankauers/suction handles: Yankauers are used when withdrawing fluids from the surgical site. These fluids are collected in the suction canister. Three items usually comprise a suction system: suction canister, suction tubing a yankauers/suction handle. The suction tube is connected to the patient port of a suction canister. The other end of the tube is connected to the yankauer/suction handle. The yankauer is used to withdraw the fluids from the surgical site.”

The sample K80 is in a sealed package, which states, “Sterile-For Single Use Only.” We assume this applies to all the Handles.

The sample of the tubing is about 6 feet long. It has two specially molded connectors molded to it.

You propose classification for both in HTS 9018.90. However, “Syringes, needles, catheters, cannulae and the like; parts and accessories thereof” above HTSs 9018.31-.39 describes these items and is more specific than “other.”

The applicable subheading for your samples will be 9018.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Bougies, catheters (except rubber catheters), drains and sondes, and parts and accessories thereof. 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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