The tariff classification of a titanium needle guard

N205984 March 20, 2012 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.:   9018.90.80 Daniel Hong 2525 Dupont Drive Irvine, CA 92612 RE:      The tariff classification of a titanium needle guard Dear Mr. Hong: In your letter dated February 25, 2012, you requested a tariff classification ruling.  No samples were provided.  You state, “The product in question is Allergan part number 6527-01, Titanium Needle Guard. The Titanium Needle Guard is located inside the Natrelle Style 133 Series Breast Reconstruction Tissue Expanders. The Natrelle Tissue Expanders are used in breast reconstruction following mastectomy, treatment of underdeveloped breasts, and treatment of soft tissue deformities. The Tissue Expanders are designed as part of a system for breast reconstruction to create a pocket for placement of a Natrelle breast implant. The expanders are intended for temporary subcutaneous implantation and required periodic, incremental inflation with sterile saline for injection until the desired amount of tissue is developed. The tissue expanders are not intended for use beyond six months. A strong rare-earth permanent magnet is part of the MAGNA-SITE injection site…located inside the Titanium Needle Guard.” The Titanium Needle Guard makes it less likely that the surgeon will pierce the tissue expander itself during one of the periodic procedures to additionally inflate the expander. You do not explain unambiguously the purpose of the magnet, but the description you do provide is consistent with the description at www.google.com/patents/US6588432, i.e. “A magnetic injection port assembly for a tissue expander system or similar inflatable medical device. The injection port assembly includes an injection port body having a cavity, a needle guard assembly, and a magnetic material therein. The needle guard assembly is positioned to prevent a hypodermic needle from passing through the medical device or interfering with the magnetic material. The magnetic material is affixed to the injection port body outside the cavity and the needle guard assembly. The magnetic material is spatially aligned with the region of the body into which the needle should be inserted so that this region may be located by locating the magnet with an external, non-invasive magnetic detection device.” We find that the only heading that describes the two main, non-subordinate elements of your import is HTSUS 9018, following the principle in Court of Appeals for the Federal Circuit  00-1263, April 19, 2001.   We agree that the applicable subheading for the 6527-01 will be 9018.90.80, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" instruments and apparatus used in medical, surgical, or veterinary sciences, and parts and accessories thereof. 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