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NY 847964




CLA-2-90:S:N:N1:119 847964

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.20.0000

Mr. Philip Freeman
Cain Customs Brokers, Inc.
P.O. Box 150
Hidalgo, TX 78557

RE: The tariff classification of aerosol and oxygen therapy appliances from Mexico.

Dear Mr. Freeman:

In your letter dated December 7, 1989, on behalf of Hospitak, Inc., you requested a tariff classification ruling.

You furnished five samples of the plastic disposable medical products. All are packaged in sealed clear plastic containers.

The Medication Nebulizer No.752 consists of a nebulizer cup, seven feet of oxygen tubing, an aerosol "T" connector, and a mouthpiece. The Medication Nebulizer No.3752 is identical to the 752 except for the additional flexible nozzle that it contains. These two nebulizers are used with a compressed air source to vaporize medication to be inhaled by the patient.

The Universal Oxygen Supply Tubing No.3400 consists of seven feet of plastic tubing with a connector at each end. It is used to carry oxygen from a wall outlet to the patient's mask.

The Nasal Cannulae No.302 and 304 consist of seven feet of plastic tubing with a connector at one end and an adjustable double strand of smaller tubing with two tips at the other end. The smaller tubing goes over the patient's ears and the tips fit into his nose. The Nasal Cannulae carry oxygen from a wall outlet to the patient.

The applicable subheading for the five samples of aerosol and oxygen therapy products will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof. The rate of duty will be 3.7 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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