HQ 082498

March 14, 1989

CLA-2:CO:R:C:G 082498 SR

CATEGORY: Classification

TARIFF NO.: HTSUS 709.27

Area Director

J.F.K. Airport Area

J.F.K. Airport, Bldg. 178

Jamaica, New York 11430

RE: Internal Advice Request No. 23/88 concerning the tariff

classification of surgical needles with sutures attached

Dear Sir:

This request for internal advice was initiated by a letter

dated January 6, 1988, from Peter J. Fitch, Esq., of the law

firm of Fitch, King and Caffentzis, on behalf of American

Cyanamid Company.

FACTS:

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.

This same letter also granted the requests for partial duty

exemption under item 807.00, TSUS, and free duty entry for the

packaging material under item 800.00, TSUS. The importer is

now requesting a partial reconsideration of this ruling letter.

The importer claims that the merchandise at issue is

classifiable under item 792.22, TSUS, as articles in chief

value of gut.

As a result of Public Law 98-573, TSUS, item 792.22, TSUS,

was eliminated and replaced with items 792.24 and 792.26, TSUS.

We believe that the classification requested by the importer is

item 792.24, TSUS, which provides for articles not specifically

provided for of gut: if imported for use in the manufacture of

sterile surgical sutures.

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The merchandise involved is surgical needles with various

types of suture strands attached. The importer claims that the

suture strands are made of catgut which are imported either

sterile or nonsterile. However, importer\'s Appendix A of

December 12, 1986, lists the suture strands as silk, tycron,

and surgilon. If this is correct then the sutures are not

sutures of catgut but rather are made of synthetic fibers.

Sutures that are made of synthetic fibers cannot be classified

as sutures of catgut.

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. Some of the strands of suture material are attached to

needles then wound around a card and packaged for the end user.

Some of the suture material is wound around a card and packaged

without a needle attached. These packages are then returned to

the United States for sale to hospitals, clinics, or doctors.

Some of the suture strands are returned sterile some are non-

sterile.

ISSUE:

Whether the needles with sutures are classifiable as

sutures or as surgical instruments.

LAW AND ANALYSIS:

The sterile and non-sterile surgical sutures 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 sutures are provided for in item 495.1000, TSUS, as

surgical sutures, surgical suture materials, all the foregoing

which are sterile. Non-sterile sutures are 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.

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\.

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The courts have ruled that legislative history or other

extrinsic facts may not be used if a tariff is not ambiguous.

United States v. E. DeGrandmont, Inc., 21 CCPA 17, T.D. 46345

(1933). Extrinsic facts may be resorted to in order to solve

ambiguities but not to create them. Id. at 20. See also,

American Customs Brokerage Co., Inc., a/c Hamakua Mill. Co. v.

United States, 58 CCPA 45, C.A.D. 1002, 433 F.2d 1340 (1970),

where the court stated that an indication of Congressional

intent in the tariff classification study does not overcome the

clear meaning of the words of the statute. In the instant case

the statutory language providing for medical, dental, surgical

and veterinary instruments is clear and definitely encompasses

needles with attached sutures.

The tariff provisions for the suture and the needle are

also not ambiguous because there are precedent rulings which

have classified the same type of merchandise. TC 426.85 dated

May 21, 1965, ruled on the same type of surgical needle with

surgical gut permanently attached. This ruling stated that

such articles are more than surgical sutures or surgical suture

material which are provided for in item 495.10, TSUS, and also

more than surgical needles covered by item 709.23, TSUS. These

needles and sutures were classified under 709.27, TSUS, as

surgical needles.

HOLDING:

The surgical needles with attached sterile suture gut are

classifiable under item 709.27 as medical, dental, surgical and

veterinary instruments, other, other, other. You should inform

the inquirer of this ruling.

Sincerely,

John Durant, Director

Commercial Rulings Division

6cc: Area Director, New York Seaport

SRosenow:jaj:1/23/89 rt/gc/3/7/89