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NY 867880




November 12, 1991

CLA-2-90:S:N:N1:119 867880

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9090; 9018.39.0050

Mr. Joseph R. Scranton
Items Unlimited
132-1 Route 522
Jamesburg, NJ 08831

RE: The tariff classification of Safety Blood Needle Holder and Disposable Containers from Canada.

Dear Mr. Scranton:

In your letter dated October 10, 1991 you requested a tariff classification ruling.

The merchandise to be imported consists of safety blood needle holders and various size rigid plastic containers that are puncture resistant. The safety needle holders and the disposable containers are designed to provide a safe way of disposing of contaminated needles, syringes and waste. You have furnished three samples of the needle holders and two different size disposable containers.

The needle holder has the appearance of a short noncalibrated syringe barrel. It is used to hold a double- pointed tubular needle. One point is inserted into the patient's vein while a vacuum tube with a rubber stopper is introduced into the barrel and pushed against the other point of the needle. Blood is collected in that tube to be sent to the laboratory. The main difference between this safety needle holder and ordinary needle holders is a needle ejection lever which allows the medical practitioner to eject the needle without touching it.

One of the two sample containers submitted is of one pint capacity with an opening of only one inch in diameter. It is intended for the disposal of needles only.

The second sample container has a capacity of one quart for the disposal of about 20 syringes. It has a large opening but with a double cover, one with flexible triangular flanges that allow one way entry and a solid cover to seal off the opening prior to disposal.

The applicable subheading for the safety blood needle holder will be 9018.39.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for syringes, needles, catheters, cannulae and the like; parts and accessories thereof: other. The duty rate will be 4.2 percent.

The applicable subheading for the disposable plastic containers will be 3926.90.9090, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent.

Goods classifiable under the above subheadings, which have originated in the territory of Canada, will be entitled to a reduced rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The reduced rate for the needle holder under 9018.39.0050 will be 2.9 percent. The reduced rate for the plastic containers under 3926.90.9090 will be 3.7 percent.

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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