The tariff classification of antibiotic impregnated catheters from Ireland

N196575 December 30, 2011 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: John M. Peterson Russell A. Semmel Neville Peterson, LLP Counsellors at Law 17 State Street – 19th Floor New York, New York 10004 RE: The tariff classification of antibiotic impregnated catheters from Ireland Dear Mr. Peterson, and Mr. Semmel: In your letter dated December 9, 2011, on behalf of Medtronic Inc., you requested a tariff classification ruling. No samples were provided. From the information, including drawings, which you submitted, the Ares antibiotic impregnated catheters are long thin tubes. The 91101 is a “Ventricular Catheter.” It has regularly spaced markings along its length. It has one closed end with tiny holes in it and a circular hook device at the other. A right angle clip and a stainless steel stylet is included. The 93092 is a “Peritoneal Catheter.” From the drawing, it appears to be just a length of antibiotic impregnated tubing with no markings, special end treatments or additional items. The 95001 is a “kit” which contains one of each catheter. You state that both are made of styrene and are intended for use in draining cerebrospinal fluid (CSF) from around the brain and then introducing it into the heart or the peritoneum. We note that this is done to enable the body to recover the CSF. Since they are impregnated with antibiotics, it is clear that both are intended for insertion inside a patient’s body. We agree that the applicable subheading for the 91101, 93092, and 95001 will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Bougies, catheters, drains and sondes and parts and accessories thereof. The rate of duty will be Free. Regarding your proposed secondary classification in 9817.00.96 for these items, we are returning your request for a ruling on behalf of Medtronic Inc., and any related samples, exhibits, etc. We need additional information in order to issue a ruling. We note that antibiotic impregnated catheters are used for multiple purposes in hospitals, especially in ICU’s, and that CSF is drained in acute cases, such as head trauma, as well as in cases where the cause is congenital or long term. Please submit the information described below: For both types, but especially for the 93092: a. If it does, how does it differ physically, including any specific impregnations, from the antibiotic impregnated catheters used for purposes other than draining CSF? b. If it does, how does it differ physically, including any specific impregnations, from the catheters used for draining CSF in cases of head trauma or other acute conditions? Does it differ from those that would be connected to an external shunt without returning the CSF to the body? If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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