HQ 082498: Internal Advice Request No. 23/88 concerning the tariff classification of surgical needles with sutures attached

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 082498

                                    March 14, 1989


            CLA-2:CO:R:C:G  082498  SR

            CATEGORY:  Classification

            TARIFF NO.:  HTSUS 709.27

            Area Director
            J.F.K. Airport Area
            J.F.K. Airport, Bldg. 178
            Jamaica, New York 11430

            RE:  Internal Advice Request No. 23/88 concerning the tariff
                 classification of surgical needles with sutures attached

            Dear Sir:

                 This request for internal advice was initiated by a letter
            dated January 6, 1988, from Peter J. Fitch, Esq., of the law
            firm of Fitch, King and Caffentzis, on behalf of American
            Cyanamid Company.

            FACTS:

                 In a letter dated March 5, 1987 (079455 JGH), Customs
            classified the merchandise at issue under item 709.27, Tariff
            Schedules of the United States (TSUS), as medical instruments.
            This same letter also granted the requests for partial duty
            exemption under item 807.00, TSUS, and free duty entry for the
            packaging material under item 800.00, TSUS.  The importer is
            now requesting a partial reconsideration of this ruling letter.
            The importer claims that the merchandise at issue is
            classifiable under item 792.22, TSUS, as articles in chief
            value of gut.

                 As a result of Public Law 98-573, TSUS, item 792.22, TSUS,
            was eliminated and replaced with items 792.24 and 792.26, TSUS.
            We believe that the classification requested by the importer is
            item 792.24, TSUS, which provides for articles not specifically
            provided for of gut: if imported for use in the manufacture of
            sterile surgical sutures.



















                                         - 2 -

                 The merchandise involved is surgical needles with various
            types of suture strands attached.  The importer claims that the
            suture strands are made of catgut which are imported either
            sterile or nonsterile.  However, importer's Appendix A of
            December 12, 1986, lists the suture strands as silk, tycron,
            and surgilon.  If this is correct then the sutures are not
            sutures of catgut but rather are made of synthetic fibers.
            Sutures that are made of synthetic fibers cannot be classified
            as sutures of catgut.

                 The needles, suture strands, and packaging materials are
            all made in the United States and sent to England where the
            strands of suture material are cut to a length of 2 or 3
            meters.  Some of the strands of suture material are attached to
            needles then wound around a card and packaged for the end user.
            Some of the suture material is wound around a card and packaged
            without a needle attached.  These packages are then returned to
            the United States for sale to hospitals, clinics, or doctors.
            Some of the suture strands are returned sterile some are non-
            sterile.

            ISSUE:

                 Whether the needles with sutures are classifiable as
            sutures or as surgical instruments.

            LAW AND ANALYSIS:

                 The sterile and non-sterile surgical sutures and surgical
            needles are each provided for in the tariff schedules.  The
            surgical needles are provided for in item 709.2340, TSUS, as
            medical, dental, surgical, and veterinary instruments,
            including parts thereof, other, needles, other, other.  The
            sterile sutures are provided for in item 495.1000, TSUS, as
            surgical sutures, surgical suture materials, all the foregoing
            which are sterile.  Non-sterile sutures are provided for under
            item 792.2400, TSUS, as articles not specially provided for, of
            gut, if imported for use in the manufacture of sterile surgical
            sutures.

                 The importer claims that sutures imported with needles
            already attached should be classified together as sutures
            because of descriptive language in the legislative history
            provided in the proposed bill for the Trade and Tariff Act of
            1984.   

















                                         - 3 -

                 The courts have ruled that legislative history or other
            extrinsic facts may not be used if a tariff is not ambiguous.
            United States v. E. DeGrandmont, Inc., 21 CCPA 17, T.D. 46345
            (1933).  Extrinsic facts may be resorted to in order to solve
            ambiguities but not to create them.  Id. at 20.  See also,
            American Customs Brokerage Co., Inc., a/c Hamakua Mill. Co. v.
            United States, 58 CCPA 45, C.A.D. 1002, 433 F.2d 1340 (1970),
            where the court stated that an indication of Congressional
            intent in the tariff classification study does not overcome the
            clear meaning of the words of the statute.  In the instant case
            the statutory language providing for medical, dental, surgical
            and veterinary instruments is clear and definitely encompasses
            needles with attached sutures.

                 The tariff provisions for the suture and the needle are
            also not ambiguous because there are precedent rulings which
            have classified the same type of merchandise.  TC 426.85 dated
            May 21, 1965, ruled on the same type of surgical needle with
            surgical gut permanently attached.  This ruling stated that
            such articles are more than surgical sutures or surgical suture
            material which are provided for in item 495.10, TSUS, and also
            more than surgical needles covered by item 709.23, TSUS.  These
            needles and sutures were classified under 709.27, TSUS, as
            surgical needles.

            HOLDING:

                 The surgical needles with attached sterile suture gut are
            classifiable under item 709.27 as medical, dental, surgical and
            veterinary instruments, other, other, other.  You should inform
            the inquirer of this ruling.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division

















            6cc:  Area Director, New York Seaport
            SRosenow:jaj:1/23/89 rt/gc/3/7/89