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NY 853344


JUL 11 1990

CLA-2-30:S:N:N1:238 853344

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.1000

Mr. Steven B. Lehat
Sheldon and Mak
201 South Lake Avenue, Suite 800
Pasadena, CA 91101

RE: The tariff classification of a Sperm Select System from Denmark and Sweden.

Dear Mr. Lehat:

In your letter dated June 5, 1990, on behalf of Select Medical Systems, Inc. (Select), you requested a tariff classification ruling.

The Sperm Select System is primarily intended for preparation of sperm for intrauterine insemination. The system is put up in retail packaging and consists of a measured dose of sodium hyaluronate in a kit containing buffer solution, needles, syringes and a support tube. The system is used by adding the contents of the buffer solution to the sodium hyaluronate and then injecting 1 ml of fresh ejaculate into the bottom of the vial, incubating the vial for 45 minutes at 37 C in a block heater which causes the sperm to migrate up through the solution, with the most motile sperm gathering at the top. At the end of the incubation period, the top 0.5 ml of the solution containing the processed sperm is drawn off and then used for insemination.

The applicable subheading for the Sperm Select System will be 3004.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Medicament (excluding goods of heading 3002,3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale, other, containing antigens or hyaluronic acid or its sodium salt. The rate of duty will be Free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380..

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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