The tariff classification of parts of the PhaSeal drug delivery system from Sweden.

N202975 February 27, 2012 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.90.8000 Eleanore Kelly-Kobayashi Rode & Qualey, Attorneys At Law 55 West 39th Street New York, NY 10018 RE: The tariff classification of parts of the PhaSeal drug delivery system from Sweden. Dear Ms. Kelly-Kobayashi: In your letter dated February 2, 2012, on behalf of Becton, Dickenson and Company, you requested a tariff classification ruling. Four samples were provided. You state: “The products that are the subject of this ruling request are articles that are used solely with the PhaSeal drug delivery system…. REF C60 a Secondary Drip Chamber is used for leak proof air tight delivery of hazardous drugs. A flow stop facilitates preparation of the secondary set from the bag prior to adding the drug. The universal spike which is equipped with the PhaSeal Connector enables safe transfer of the drug to the IV bag. REF C80, the Y-site Connector is extension tubing with a built in PhaSeal Connector. REF M25, the infusion clamp secures the connection of the PhaSeal Injector Luer Lock and the PhaSeal Connector at the hub of the IV line. REF M50 a Cap for the Injector protects the Injector from direct contact with the contaminated surfaces during transport and storage.” Separately imported parts or accessories, if identifiable as suitable for use solely or principally as parts or accessories of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of one particular item (see Headquarters Ruling Letter 965546, 8-6-02), are classified in its heading if not excluded from that heading by Note 2(a) or (c) to Chapter 90 or by HTSUS Add. US Rule of Interpretation 1-c (see HRLs 965968, 12-16-02, and 967233, 2-18-05) or from Chapter 90 by its Note 1. From the specialized connections and/or molding of the items in question, we believe that they are identifiable as parts of the PhaSeal system, which is classifiable in HTSUS 9018.90.80 per New York Ruling Letter N196255, dated December 29, 2011. We do not find any of the noted exclusion to apply. We agree that the applicable subheading for these four items will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" instruments and apparatus used in medical, surgical, dental, or veterinary sciences, and parts and accessories thereof. The rate of duty will be free. 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, Thomas Russo Director National Commodity Specialist Division