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NY K87471




July 20, 2004
CLA-2-90:RR:NC:N1:105 K87471

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.39.0050

Mr. William J. Maloney
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of Blood Collection Sets from Japan

Dear Mr. Maloney:

In your letter dated June 25, 2004, for Becton Dickinson & Company, you requested a tariff classification ruling.

You state: “The products which are the subject of this ruling request are our client’s product nos. 367255 and 367283 Vacutainer® blood collection sets. The products are essentially the same in all material respects for purposes of tariff classification. Both products feature as their principle component a needle cannula which is designed to be inserted into the vein for purposes of withdrawing blood. The cannula is attached to one end of a flexible plastic tube. At the opposite end of the flexible plastic tube is a Luer fitting. The needle cannula is mounted to a hub which incorporates a pair of flexible wings which facilitate digital manipulation of the needle cannula. Additionally, these wings may be folded away from one another and taped into a face-to-face engagement with the skin of the patient near the puncture site. The needles are shielded to prevent accidental sticks.”

Per the samples, both are sold individually wrapped in a sterile package, marked Vacutainer Brand. Both include, at the far end, a sharp, hollow metal tube, covered by a rubber sheath, that has a larger OD than the one that goes into the patient. That metal tube is pressed through the top of the blood collection vial to deliver the blood into it. The blood is pulled in by the partial vacuum in the vial.

The 367283 differs from the 367255 primarily in that it is the Safety-Lok version which has its own transparent plastic guard that can be slipped over the needle after it is removed from the patient, to prevent accidental needle sticks.

Each is not simply either a tubular metal needle or a traditional cannula with a trocar in its lumen, but is like both in several ways.

The applicable subheading for both will be 9018.39.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for syringes, needles, catheters, cannulae and the like, other than syringes, tubular metal needles, needles for sutures, bougies, catheters, drains, soundes and their parts and accessories. 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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