The tariff classification of Feeding Pumps and Tube Assemblies from Germany, Italy and China

NY R01647 April 14, 2005 CLA-2-90:RR:NC:N1:105 R01647 CATEGORY: Classification TARIFF NO.: 9018.39.00, 9018.90.7580, 9018.90.8000 Mr. James R. Alliston Babirak, Vangellow & Carr, P.C. 1828 L Street, NW, Suite 1000 Washington, DC 20036 RE: The tariff classification of Feeding Pumps and Tube Assemblies from Germany, Italy and China Dear Mr. Alliston: In your letter dated March 18, 2005, you requested a tariff classification ruling. No sample was submitted. You state: “The pumps at issue, also called feeding pumps, are currently produced for Fresenius in France and the tube assemblies, also referred to as “giving sets” and “disposables”, are currently produced for Fresenius in Germany. Fresenius plans to export the pumps and tube assemblies from Germany to Minneapolis, Minnesota. The merchandise will be imported and distributed in the United States by another party. (In the future, the tube assemblies to be exported to the United States may be produced by a related Fresenius company in Italy or by a Fresenius joint venture in China or both.)” We understand that the nutritional solutions never enter the “pump”, which is instead squeezing the outside of the tube to force the solution through the tube. We agree that HRL 959962 HMC, 6-5-97, remains a valid precedent for classification of the feeding pumps in HTS 9018.90.75. We also agree that HRL 955098 KCC, 12-1-95, remains a valid precedent for classification of the intravenous administration sets in HTS 9018.90.80. We also note NYRL 869994-119, 1-14-92, which specifically classified intravenous administration sets for a feeding device in HTS 9018.90.80. However, we find no direct precedents for the tube for the enteral pump. A feeding tube itself does enter the patient’s body, often through the nose, to serve as a conduit for the liquid nutrition. Per your attachment, Enteral Nutrition can be via a Transnasal Tube, a Gastric Button, or an Intestine Tube. It is thus covered by the description of catheters, cannulae and the like. We do not agree that, in comparison to possible classification in 9018.39.00, that subheading 9018.90.80, HTSUS, more specifically describes the subject tubes and tube assemblies. Comparison must always be made first at equal indentations, and Syringes, needles, catheters, cannulae and the like; parts and accessories thereof is clearly more specific than Other instruments and appliances and parts and accessories thereof. The applicable subheading for the feeding pumps will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Electro-medical instruments and appliances and parts and accessories thereof. The rate of duty will be free. The applicable subheading for the intravenous administration sets will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” medical, surgical or veterinary instruments and appliances and parts and accessories thereof. The rate of duty will be free. The applicable subheading for the enteral feeding tubes will be 9018.39.00, Harmonized Tariff Schedule of the United States (HTS), which provides for catheters, cannulae and the like and parts and accessories thereof. The rate of duty will be free. 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