The tariff classification of hysteroscopy procedure kits from China

N125539 October 18, 2010 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9018.90.8000 Mr. Michael Skidmore Dynasty CHB, Inc.365 Chelsea StreetEast Boston, MA 02128 RE: The tariff classification of hysteroscopy procedure kits from China Dear Mr. Skidmore: In your letter dated September 14, 2010, on behalf of OBP Corporation, you requested a tariff classification ruling. No sample was provided. The merchandise at issue is called an “Office Pack”, which you describe as an in-office procedure kit for a physician to use during Hysteroscopy procedures. The kit contains a total of 19 disposable items, packed sterile, that a doctor would use during a procedure in conjunction with a Hysteroscope instrument (which is not included with the set). You indicate that the articles are packaged together and put up for retail sale as sets prior to importation.Among the articles included with the set are a two empty 10cc syringes, an 18 gauge hypodermic needle, a disposable side-opening speculum with built in light source, a Cysto irrigation set with Luer Lock Filling, a spinal needle, and outflow tubing. The set also includes povidone iodine solution, surgical lubricant, gauze, vinyl gloves, and two custom drapes with built in instrument pockets, which cover the tray and the area of the examination table under the patient’s buttocks. All of the items come packed sterile on a disposable tray, ready for use, and the custom drapes have a drawstring on them that allows them to double as a trash bag when the procedure is completed.In your submission you suggest classification of the Office Pack in Heading 9018. We agree with your assertion that the Office Pack does meet the criteria to be considered a set for retail sale, in accordance with General Rule of Interpretation 3(b), in that it consists of a number of components that are classifiable in different headings and are put together to carry out a specific activity. Although there is little description for each item, a number of the significant components, such as the syringes, the irrigation set, the speculum, and the hypodermic and spinal needles are clearly classifiable in Heading 9018. Together, those account for about 40% of the total cost of the items in the set. We consider 9018 to be the last to equally merit consideration in supplying the set’s essential character, in accordance with HTSUS General Rule of Interpretation 3(c). Within 9018, we consider subheading 9018.90, which includes the speculum, to be the last to equally merit consideration in supplying the essential character to the items classifiable in 9018. We agree that the applicable subheading for the Office Pack 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, Robert B. Swierupski Director National Commodity Specialist Division