HQ 086015: Fistula needle set

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 086015

                        January 10, 1990


CLA-2 CO:R:C:G  086015  JMH

CATEGORY:  Classification

TARIFF NO.:  9018.39.00

Mr. Stewart Olsen
John A. Steer, Inc.
43 Park Place
New York, New York 10007

RE:  Fistula needle set

Dear Mr. Olsen:

     Your letter requesting a classification ruling under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) for fistula needle sets has been referred to this office
for a reply.

FACTS:

     The articles in question are fistula needle sets imported
from Singapore.  The fistula needle sets consist of a 12-inch
plastic tube which is fitted on one end with a 17 gauge stainless
steel needle, needle guard and stabilizer, and fitted at the
other end with a female Luer fitting and a protective cap.

     The fistula needle set is a member of a class of merchandise
known as hypodermoclysis apparatus.  This apparatus is used
clinically for the intravenous application of medication, blood
serum, glucose solution, and sodium chloride solution.  The
device's packaging states that it is used in "gaining access to a
patient's circulatory system."

ISSUE:

     What is the appropriate classification under the HTSUSA for
the fistula needle set?

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's).  GRI 1,
HTSUSA, states in part that "for legal purposes, classification
                               -2-


shall be determined according to the terms of the headings and
any relative section or chapter notes..."

     The appropriate classification, according to the terms of
the headings, for the fistula needle set is within subheading
9018.39.00, HTSUSA.  This subheading describes:

     9018      Instruments and appliances used in medical,
               surgical, dental or veterinary sciences....

     9018.39.00     Syringes, needles, catheters, cannulae
                    and the like; parts and accessories
                    thereof...Other...

     Dorland's Illustrated Medical Dictionary defines a cannula
as "a tube for insertion into a duct or cavity; during insertion
its lumen (cavity or channel within a tube or tubular organ) is
usually occupied by a trocar (a sharp pointed instrument...used
to puncture the wall of a body cavity...)." Dorland's Illustrated
Medical Dictionary, pp. 262, 956, 1760 (1988).  A catheter is
defined as "a tubular, flexible, surgical instrument for
withdrawing fluids from (or introducing fluids into) a cavity of
the body..."  Dorland's Illustrated Medical Dictionary, p. 284.
Fistula is defined as "an abnormal passage or communication,
usually between two internal organs, or leading from an internal
organ to the surface of the body..."  Dorland's Illustrated
Medical Dictionary, p. 635 (1988).

     The subject fistula needle set is a small, flexible, plastic
tube inserted into a body cavity (a blood vessel) by a sharp
pointed instrument (a needle).  The tube acts as an abnormal
passage from the blood vessel to the body surface.  It allows
blood or other fluids to enter or leave the vessel.  Therefore,
the fistula needle sets, by definition, are similar to "needles,
catheters, cannulae and the like..." and properly classified
within subheading 9018.39.00.

HOLDING:

     The fistula needle sets imported from Singapore are properly
classified within subheading 9018.39.00, HTSUSA, as "Instruments
and appliances used in medical, surgical, dental or veterinary
sciences....Syringes, needles, catheters, cannulae and the like;
parts and accessories thereof...Other..."

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division