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NY 894973




March 21, 1994

CLA-2-90:S:N:N3:114 894973

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.2000

Ms. Carmen Gallo
Italian American Network, Inc.
138 Wooster Street
New York, N. Y. 10012

RE: The tariff classification of the Donna Fertility Tester from the Czech Republic

Dear Ms. Gallo:

In your letter dated February 18, 1994 you requested a tariff classification ruling.

The Donna Fertility Tester is a lighted magnifier. It is used to estimate fertile and infertile days and ovulation. The device contains an optical lens in the ocular (eyepiece) and a slide for holding salivary samples. It contains a light to aid in viewing through the ocular. The fertility tester is intended for use by the purchaser and not by a medical practitioner.

The applicable subheading for the Donna Fertility Tester will be 9013.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical devices, appliances and instruments; hand magnifiers, magnifying glasses, loupes, thread counters and similar apparatus. The rate of duty will be 6.6 percent ad valorem.

Articles classifiable under subheading 9013.80.2000, HTS, which are products of the Czech Republic are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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