HQ 555154: Gas sterilization as incidental to assembly of medical products

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 555154

                                   March 20, 1989

          CLA-2-CO:R:C  555154 RA

          CATEGORY: Classification

          TARIFF NO: 9802.00.80, HTSUS

          Mr. William F. Joffroy, President
          William F. Joffroy, Inc.
          P.O. Box 698
          Nogales, Arizona 85628-0698

          RE: Gas sterilization as incidental to assembly of medical
              products

          Dear Mr. Joffroy:

               This is in response to your letter of October 11, 1988, on
          behalf of Superior Healthcare Group, Inc. of Cumberland, Rhode
          Island, requesting a ruling that a gas sterilization process
          would be considered as incidental to assembly for purposes of
          subheading 9802.00.80, Harmonized Tariff Schedule of the United
          States (HTSUS).

          FACTS:

               Medical products, such as specimen collector sets and
          suction catheters, are assembled in Mexico from components of
          U.S. origin and subjected to a gas sterilization process before
          exportation to this country.  This process requires exposure to a
          sterilant gas of a precise concentration at certain temperature,
          humidity, and pressure levels.

          ISSUE:

               Whether the sterilization process may be considered as an
          operation incidental to assembly under the provisions of
          subheading 9802.00.80, HTSUS.

          LAW AND ANALYSIS:

               As you know, the HTSUS replaced the Tariff Schedules of the
          United States (TSUS), effective January 1, 1989.  Item 807.00,
          TSUS, was carried over into the HTSUS without change as
          subheading 9802.00.80.  Subheading 9802.00.80, HTSUS, applies to
          articles assembled abroad in whole or in part of fabricated
          components, the product of the U.S., with no operations performed
          thereon except the attachment of the components to form the













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          imported merchandise and operations incidental thereto.  An
          article classified under this tariff provision is subject to duty
          upon the full appraised value of the imported article, less the
          cost or value of such products of the U.S.

               You note that section 10.16(b), Customs Regulations (19 CFR
          10.16(b)), provides that operations such as cleaning are
          considered incidental to the assembly process, and that in our
          ruling 554338 dated November 5, 1986, we indicated that
          sterilization was comparable to cleaning.  That ruling and a
          previous ruling dated July 3, 1984 (553055), concerned the
          applicability of item 807.00, TSUS, to the foreign assembly and
          sterilization of cotton-tipped applicators or swabs used for
          medical testing purposes.  We stated that sterilizing assembled
          components for "ultimate use in surgical operations or
          prospective care" is comparable to a cleaning process and, as
          such, can be considered incidental to the overall assembly
          process.

               We have also held in ruling 071442 dated July 19, 1983, that
          the sterilization of assembled hospital articles such as surgical
          gowns and packs is comparable to a cleaning process and,
          therefore, is considered incidental to the foreign assembly
          process.

          HOLDING:

               Consistent with the above-referenced rulings, the gas
          sterilization of the assembled medical products before
          exportation to the U.S. is considered comparable to cleaning and,
          in our opinion, is an operation incidental to assembly under the
          provisions of subheading 9802.00.80, HTSUS.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division