HQ 087660: Reconsideration of HRL 082498; surgical suture and needles

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      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.  

















                                         -2-

          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.  


















                                         -3-

          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