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NY D83466




October 28, 1998

CLA-2-90:RR:NC:1:105 D83466

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.19.8040; 9025.90.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. BOX 3165
Harrisburg, PA 17105

RE: The tariff classification of a Ear Thermometer and Probe Covers from Israel.

Dear Ms. Aldinger:

In your letter dated October 13, 1998, you requested a tariff classification ruling.

The "ThermoTek Plus" offers a safe, accurate, and quick body temperature measurement within seconds. It measures the temperature of the infrared heat given by the eardrum and surrounding tissues and converts this temperature into an oral equivalent temperature. The ear is an ideal site for taking body temperature. The ear drum shares the same blood supply with the hypothalamus, the part of the brain that controls body temperature. Therefore, the ear is an accurate indicator of internal (core) body temperature. The replaceable probe covers are designed to be snap on the thermometer probe tip to avoid contact with contaminating body fluids. The "ThermoTek Plus" is intended for house hold use only and should not be a substitute for any medical care.

The applicable subheading for the "ThermoTek Plus" will be 9025.19.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for clinical thermometer, other than liquid-filled. The rate of duty will be 2.4 percent ad valorem. The applicable subheading for the probe covers will be 9025.90.0000, HTS, which provides for thermometers...parts and accessories. The rate of duty will be 2.4 percent ad valorem.

Articles which are classifiable under subheading 9025.19.8080 and 9025.90.0000, HTS, which are products of Israel are entitled to duty free treatment under the United States-Israel Free Trade Area upon compliance with all applicable regulations.

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

2

A copy of this ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist James Sheridan at (212) 466-5669.

Sincerely,

Robert B. Swierupski
Director,

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