HQ 087660

November 5, 1990

CLA-2:CO:R:C:G 087660 SR

CATEGORY: Classification

TARIFF NO.: 495.1000; 709.27; 792.2400

Mr. Peter Fitch

Fitch, King and Caffentzis

116 John Street

New York, NY 10038

RE: Reconsideration of HRL 082498; surgical suture and needles

Dear Mr. Fitch:

This is in reference to your letter dated October 20, 1989,

requesting reconsideration of Headquarters Ruling Letter (HRL)

082498, dated March 14, 1989, which classified surgical sutures

and suture needles under the Tariff Schedules of the United

States (TSUS).

FACTS:

The merchandise involved is unsterile surgical suture

needles with suture strands attached. The needles, suture

strands, and packaging materials are all made in the United

States and sent to England where the strands of suture material

are cut to a length of 2 or 3 meters. The strands of suture

material are attached to needles then wound around a card and

packaged for the end user.

In a letter dated March 5, 1987 (079455 JGH), Customs

classified the merchandise at issue under item 709.27, Tariff

Schedules of the United States (TSUS), as medical instruments.

The importer requested a partial reconsideration of this ruling;

which became I/A 23/88 or HRL 082498. This ruling classified

sterile needles with attached suture gut under item 709.27, TSUS,

as medical, surgical instruments, other, other, other.

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ISSUE:

What is the classification of sterile and non sterile suture

thread with needles attached.

LAW AND ANALYSIS:

The sterile and non-sterile surgical suture thread and

surgical needles are each provided for in the tariff schedules.

The surgical needles are provided for in item 709.2340, TSUS, as

medical, dental, surgical, and veterinary instruments, including

parts thereof, other, needles, other, other. The sterile suture

thread is provided for in item 495.1000, TSUS, as surgical

sutures, surgical suture materials, all the foregoing which are

sterile. Non-sterile suture thread is provided for under item

792.2400, TSUS, as articles not specially provided for, of gut,

if imported for use in the manufacture of sterile surgical

sutures. At issue is the classification of the needles and

suture thread when they are attached.

The importer claims that sutures imported with needles

already attached should be classified together as sutures because

of descriptive language in the legislative history provided in

the proposed bill for the Trade and Tariff Act of 1984. The

language reads: \"When used in the manufacture of sutures, the gut

is cut to the appropriate length and a needle is added, resulting

in a non-sterile suture.\"

HRL 730999, dated December 12, 1988, ruled on the country of

origin of needles with suture thread attached. This ruling

stated that \"the domestic processing of the surgical needles

results in a new article of commerce with a new name, character

or use, i.e., sutures. The surgical needles alone, prior to

processing, have no apparent use; it is only after the addition

of surgical thread that the article becomes known as a suture and

is suitable for use in surgery to bind body tissue.\"

Sterile needles with suture thread attached are classifiable

as suture as surgical sutures under item 495.1000, TSUS.

However, this tariff provision provides only for sterile sutures,

therefore, non-sterile sutures cannot be classified as sutures.

Item 709.27, TSUS, provides for medical instruments. This

provision is not limited to sterile medical equipment even though

almost all medical equipment must be sterilized before use.

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HOLDING:

Surgical needles (whether or not sterile) are provided for

in item 709.2340, TSUS, as medical, dental, surgical, and

veterinary instruments, including parts thereof, other, needles,

other, other. Sterile suture thread is provided for in item

495.1000, TSUS, as surgical sutures, surgical suture materials,

all the foregoing which are sterile.

Non-sterile suture thread is provided for under item

792.2400, TSUS, as articles not specially provided for, of gut,

if imported for use in the manufacture of sterile surgical

sutures. Sterile surgical needles with attached sterile suture

gut are classifiable under item 495.1000, TSUS, as surgical

sutures, surgical suture materials, all the foregoing which are

sterile. Non-sterile needles with suture thread attached are

classifiable under item 709.2700, TSUS, as medical instruments,

other, other, other. HRL 082498, dated March 14, 1989, is hereby

modified accordingly.

Sincerely,

John Durant, Director

Commercial Rulings Division