NY 0858796 - The tariff classification of an "Autohaler" from England. - United States International Trade Commision Rulings

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NY 858796

January 8, 1991

CLA-2-39:S:N:N3G:221 858796

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9050

Mr. Thomas C. Lloyd
3M Center
Customs/Import
P.O. Box 33250
St. Paul, MN 55133

RE: The tariff classification of an "Autohaler" from England.

Dear Mr. Lloyd:

In your letter dated December 4, 1990, you requested a tariff classification ruling.

A sample, identified as an "Autohaler," was included with your letter. It is a breath-actuated inhaler, made of plastics, which is designed to be used with an asthma drug in inhalation therapy. After importation, an aerosol can containing asthma medication is completely enclosed within the body of the device. To operate the Autohaler, the patient removes the mouthpiece cover, lifts the lever, and inhales through the mouthpiece. The act of inhalation actuates the metering valve and allows a dose of medication to be released. Following actuation, the lever is lowered, the mouthpiece cover replaced and the device stored until required. The device is designed to eliminate the difficult task of manually actuating the metering valve to release medication in synchrony with inhalation. The inhaler will not be imported with the asthma drug. You will also import the three components which comprise the inhaler: stock number 78-8056-9061-3, top assembly; stock number 78-8056-9062-2, bottom assembly; and stock number 78-8056-9071-2, mouthpiece cover.

The applicable subheading for the Autohaler, as well as for any of the components imported separately, will be 3926.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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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