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HQ 965846




November 7, 2002

CLA-2 RR:CR:GC 965846 AM

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.80

Ms. Betty Maylor
Import Customs Manager
LEP Profit International, Inc.
440 McClellan Highway
East Boston, MA 02128

RE: NY 869236 Revoked; non-sterile suture attached to a suture needle

Dear Ms. Maylor:

This is in reference New York Ruling Letter (NY) 869236, issued to you on December 17, 1991, on behalf of Deknatal Division, Pfizer Hospital Products Group, Inc., concerning the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of non absorbable polypropylene surgical suture attached to a suture needle wound around a foam carrier and sealed in a blister pack. In NY 869236, we determined that these goods were classifiable according to the material of the suture, in subheading 5609.00.30, HTSUS, the provision for "articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers."

In the process of reviewing a similar matter, we have determined that NY 869236 must be revoked. We have also reviewed NY H80134, dated April 26, 2001, Headquarters Ruling (HQ) 560914, dated October 22, 1998 and HQ 089373, dated October 25, 1991. Those rulings are revoked or modified in HQs 965318, 965847 and 965845 of this date.

Pursuant to section 625(c)(1) Tariff Act of 1930 (19 U.S.C. 1625(c)(1)) as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, (Pub. L. 103-82, 107 Stat. 2057, 2186), notice of the proposed revocation of NY 869236 was published on October 2, 2002, in the CUSTOMS BULLETIN, Volume 36, Number 40. No comments were received in response to this notice.

FACTS:

As stated in NY 869236, the subject merchandise consists of non-absorbable polypropylene surgical suture composed of textile monofilament attached to two surgical needles constructed of stainless steel wound around a foam carrier and sealed in a blister pack.

ISSUE:

Whether unsterile suture attached to a needle is classifiable as a medical instrument or according to the material of the suture?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context that requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and mutatis mutandis, to the GRIs.

In interpreting the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 8980, 54 Fed. Reg. 35127 (August 23, 1989).

GRI 2(b) requires that goods consisting of different materials be classified according to the principles of GRI 3. GRI 3(a) requires that amongst competing headings, the most specific heading be used, but headings which refer to part only of the goods are equally specific. GRI 3(b), provides that composite goods consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. Explanatory Note 3(b)(VIII) to GRI 3(b) states that essential character may be determined by "the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods." GRI 3(c) requires that if the essential character can not be determined, the good is classified in the latter heading.

The following headings and subheadings are relevant to the classification of this product:

5609 Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included:

Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof:

EN 90.18(I)(A), lists needles under "[I]nstruments which may be used under the same names for several purposes (e.g., needles, lancets, trocars, surgical knives and scalpels of all kinds, sounds, specula, mirrors and reflectors, scissors, shears, forceps, pliers, chisels, gouges, mallets, hammers, saws, scrapers, spatulae, cannulae, catheters, suction tubes, etc., cauteries, tweezers, dressing, swab, sponge or needle holders, retractors, dilators, clips, syringes of all kinds)."

The instant merchandise consists of two different materials prima facie classified in two different provisions: the needle of heading 9018, HTSUS, and the thread of heading 5609, HTSUS. Neither heading can be considered more specific as they both describe the good in part. The needle may constitute the item with the most value and greatest weight of the combined suture.

However, the role of the suture material in relation to the item as a whole outweighs the role of the needle. The raison d'etre of the merchandise is to keep a wound closed. The thread is the portion of the merchandise that holds the wound together; the needle is simply the vehicle for placing the thread where it needs to go. Furthermore, the trade recognizes that the role of the suture is paramount. For instance, completed sterilized suture and needle is listed in the 2001 Medical Device Register, Medical Economics, Inc., under "Sutures." The listings include "monofiliment suture with needle of same diameter as suture and non-absorbable, synthetic, polyamide suture in 8 sizes with full range of needle types." The listing for "Needles-Suture" describes only disposable and re-usable suture needles. Commercially, the completed and sterilized item is known as a suture. Some sutures are packaged attached to a needle and some are not. Each component of the instant merchandise appears to be equally "essential" under GRI 3(b). Hence, the merchandise is classifiable in heading 9018, HTSUS under GRI 3(c). Specifically, the entire suture and needle is classified as an "other" medical instrument in subheading 9018.90.80.

HOLDING:

Non-sterile suture material attached to a needle will be classified in subheading 9018.90.80, HTSUS, as "[I]nstruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: [O]ther instruments and appliances and parts and accessories thereof: [O]ther."

EFFECT ON OTHER RULINGS:

NY 869236 is revoked.

In accordance with 19 U.S.C. ยง1625(c)(1), this ruling will become effective 60 days after its publication in the CUSTOMS BULLETIN.

Sincerely,

Myles B. Harmon, Acting Director

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