The tariff classification of PDS cords from an unknown country of origin.

N229315 August 27, 2012 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.:   9018.90.8000 Barbara Dawley Meeks, Sheppard, Leo & Pillsbury 1735 Post Road Suite 4 Fairfield, CT 06824 RE:      The tariff classification of PDS cords from an unknown country of origin. Dear Ms. Dawley: In your letter dated August 2, 2012, on behalf of Ethicon Inc., you requested a tariff classification ruling.  A sample was provided.  The subject merchandise is described as: “The non-sterile PDS Cord is made of circular braided absorbable poly-(p-dioxanone) filaments and transosseous steel wire. Subsequent to importation, the product will be sterilized for surgical use in reconstructing ligaments in knees and shoulders and has no other use. In use, the absorbable PDS Cord will remain in the patient’s body. The sole purpose of the attached guide wire is to ‘guide’ the cord into proper position within the patient’s body. Once the cord is in place, the guide wire is removed.” The cord will assist in holding together various parts of the patient’s internal anatomy until it dissolves.  The retail packing describes the item only as a PDS cord.    In the sample, the cord is about 23 inches long. Attached at each end is a relatively rigid, twisted, metal wire that is about 6 inches long.  The wires come to a small loop at each end, not a point like a needle, so they would presumably not pierce skin, etc.  However, they will pass through small openings or very soft tissues much more readily than if only the cord was present.  We consider these items to be similar for tariff purposes to the needled sutures in Headquarters Ruling Letter 965845 AM, dated November 7, 2002.  That letter revoked HRL 089373 KCC, dated October 25, 1991, which did not classify needled sutures in HTSUS 9018.90.   We agree that the applicable subheading for the PDS cord will be 9018.90.8000, 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.  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 J. Russo Director National Commodity Specialist Division