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NY M83109




May 12, 2006

CLA-2-90:RR:NC:N1:105 M83109

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.3000

Ms. Joan Studeny
GHY USA, Inc.
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of Anesthesia Circuits from Canada

Dear Ms. Studeny:

In your letter received by our office on May 4, 2006, on behalf of Bomi Med, you requested a tariff classification ruling. Four samples were submitted.

You describe the products as follows:
“OL-008060-03LF/NE/411A/1540 Non conductive Adult Anesthesia Circuit that consists of hoses, parallel wye, bacterial/viral filter, gas sampling elbow, machine cuffs, latex free breathing bag, adult face mask, and male/male pvc sample line. OL-C09360-01LF/F/1120-1540 Pediatric 60” Circuit which consists of hoses, pediatric bi-wye, bacterial/viral filter, gas sampling elbow, machine cuffs, latex free breathing bag, pediatric disposable face mask, and male/male pvc sample line. OL-008360-01LF/NE/411A/1540 Pediatric 60” Circuit that consists of hoses, pediatric parallel wye, filter, machine cuffs, latex free breathing bag, and male/male sample line. OL-C08060-03LF/F/1150/1540 Non Conductive Anesthesia Circuit which consists of hoses, parallel wye, filter, machine cuffs, latex free disposable breathing bag, and male/male sample line”.

We note that each of the four samples is in a sealed plastic bag and is indicated as being a disposable item, for single patient use. The “tubes” are, in each sample, two plastic tubes about 60 inches long and .6 inch in diameter.

The two adult circuits are also called Anesthesia Circuits on their individual packing. The pediatric versions are essentially the same except for the smaller size of some of the components.

Harmonized System Explanatory Note I-E to 9018 includes Anesthetic apparatus and instruments (face masks, face-piece harness, intratracheal tubes, etc.)

All four would be used primarily to provide inhalation anesthesia during surgery. Inhalation anesthesia necessarily includes the delivery of air to the patient in addition to the anesthetic agent, but its principle function remains the delivery of the anesthetic. See Headquarters Ruling Letter 954377, 10-6-93.

You propose classification in HTSUS 9033. However, the samples are not parts of a machine, instrument, or apparatus, but are apparatus themselves, noting the examples in the EN.

The applicable subheading for the four samples will be 9018.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Anesthetic instruments and parts and accessories thereof. The general rate of duty will be free.

Per your request, the samples are being returned to you, in a separate mailing. 

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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