HQ 952884

February 23, 1993

CLA-2 CO:R:C:M 952884 RFA

CATEGORY: Classification

TARIFF NO.: 9018.32.00

Regional Commissioner of Customs

c/o Protest and Control Section

6 World Trade Center

Room 762

New York, NY 10048-0945

RE: Protest No. 1001-92-102080; Tubular Metal Needles;

Cannulae; Syringes; 9018.39.00; HQ 085088; HQ 086015

Dear Regional Commissioner:

The following is our decision regarding the Protest and

Request for Further Review No. 1001-92-102080, dated March 20,

1992\. The protest was filed against your liquidation of the

entry of certain merchandise which was classified in subheading

9018.32.00, Harmonized Tariff Schedule of the United States

(HTSUS).

FACTS:

The merchandise, made of stainless steel, is a hollow,

tubular needle measuring 1 1/2 inches in length. It has a

pointed edge on both ends.

ISSUE:

Are double-pointed needles classifiable as cannulae or as

tubular needles?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in

accordance with the General Rules of Interpretation (GRI\'s),

taken in order. GRI 1 provides that classification shall be

determined according to the terms of the headings and any

relative section or chapter notes.

The importer stated that the merchandise should be

classified as double pointed cannulae under subheading

9018.39.00, HTSUS, which provides for: \"Instruments and

appliances used in medical, surgical, dental or veterinary

sciences, . . .; parts and accessories thereof: \[s\]yringes,

needles, catheters, cannulae and the like; parts and accessories

thereof: \[o\]ther. . .\" The importer believes that the dictionary

definition of \"cannula\" is quite vague and then relies on

information from the medical supply industry to define the

merchandise to support his claim.

However, in HQ 086015, dated January 10, 1990, and in HQ

085088, dated March 12, 1990, we cited the dictionary definition

of \"cannula\" as follows:

Dorland\'s Illustrated Medical Dictionary defines a

cannula as \"a tube for insertion into a duct or cavity;

during insertion its lumen (cavity or channel within a

tube or tubular organ) is usually occupied by a trocar

(a sharp pointed instrument. . .used to puncture the

wall of a body cavity. . .).\" Dorland\'s Illustrated

Medical Dictionary, pp. 262, 956, 1760 (1988).

The importer argues that the merchandise cannot be

classified as a needle because there is no hub attached to it.

According to the importer, a needle is a cannula with an attached

hub which is used to attach it to a syringe. Stedman\'s

Illustrated Medical Dictionary (199), p. 1027, defines \"needle\"

as a \"1. A slender, usually sharp-pointed, instrument used for

puncturing tissues, suturing, or passing a ligature around an

artery. 2. A hollow n\[eedle\] used for injection, aspiration,

biopsy, or to guide introduction of a catheter into a vessel or

other space.\"

Based upon HQ 086015 and HQ 085088, we find that the subject

merchandise does not meet the definition of cannulae. Upon

examination of the sample, we find the merchandise to be a

tubular needle. Tubular needles are classifiable under

subheading 9018.32.00, HTSUS, which provides for: \"Instruments

and appliances used in medical, surgical, dental or veterinary

sciences, . . .; parts and accessories thereof: \[s\]yringes,

needles, catheters, cannulae and the like; parts and accessories

thereof: \[t\]ubular metal needles and needles for sutures and

parts and accessories thereof. . .\"

HOLDING:

The submitted merchandise is classifiable under subheading

9018.32.00, HTSUS, which provides for: \"Instruments and

appliances used in medical, surgical, dental or veterinary

sciences, . . .; parts and accessories thereof: \[s\]yringes,

needles, catheters, cannulae and the like; parts and accessories

thereof: \[t\]ubular metal needles and needles for sutures and

parts and accessories thereof. . .\" . The column 1, general rate

of duty is 6.4 percent ad valorem.

The protest should be denied in full. A copy of this

decision should be attached to Customs Form 19 and provided to

the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director