The tariff classification of a clamp from Dominican Republic.

N235234 December 4, 2012 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.:   9018.90.8000 Victoria P. Ballos Sr. Manager of Operations and Logistics Innovative Trauma Care 3463 Magic Drive Suite 120 San Antonio, TX 78229-2974 RE:   The tariff classification of a clamp from Dominican Republic. Dear Mr. Ballos: In your letter dated November 7, 2012, you requested a tariff classification ruling.    No samples were provided.  Per your description and attachments, the IT Clamp “is a clamp type of device that holds 8 surgical needles, four on each side of the clamp. A first responder or physician will take the IT Clamp and place it over an open, hemorrhaging wound and squeeze the clamp together to reach desired closure to stop blood hemorrage. The clamp is plastic (polycarbonate) with two halfs an inner shell and an outer shell.” You indicate that the needled versions will be imported both sterile and non-sterile, the latter for training use, but that they will otherwise be identical, per se.  In use, their function is quite similar to that of a needled temporary suture to sew/bind together the two sides of a gaping wound.  Headquarters Ruling Letter 965845 AM, dated November 7, 2002, determined that both sterile and non-sterile needled sutures are classified in 9018.90.80, HTSUS.  You also indicate an otherwise identical, non-sterile device will be imported without needles. From your description, whether or not specific imports will be used in training, we take it that they would routinely be used in the manufacturing process as parts of the needled versions.    The applicable subheading for the sterile and non-sterile IT Clamp with or without needles 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