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NY C88487


June 22, 1998

CLA-2-90:RR:NC:MM:105 C88487

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Richard Powell

British Trade Office

British Consulate General

845 Third Avenue

New York, NY 10022-6691

RE: The tariff classification of Disposable Neurological Sensory Pins from the United Kingdom

Dear Mr. Powell:

In your letter for Medepin Corporation, dated May 28,1998, you requested a tariff classification ruling.

The sample is a thin, molded piece of plastic, 2.3 inches long, with sharp, very thin, pin-
like projection, about .05 inch long, on one end. At the end with the "pin", there is a .5 inch by .5 inch thin square of plastic which must be snapped off before the pin can touch anything.

The information you supplied indicates that this device will be used by health care professionals to stick patients to test if there is any nerve response. The devices are specially designed to be uniform and to reduce the possibility of contamination. It is readily apparent if it has been used, which is not the case for an ordinary pin.

Although neither is controlling per se, we note that this device is claimed to be listed with the US FDA and that EN A-d to HS 7319, the heading for pins and needles of iron and steel, direct the classification of needles for medical use in HS 9018.

We do not consider this to be a "needle" in HS 9018.32 because it has no opening into or through it.

The applicable subheading for the sensory pin will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other, other, other medical instruments. The rate of duty will be 1.6 percent ad valorem.

It is contrary to our policy to mail this reply to anyone other than yourself, as the inquirer. However, you are free to forward this letter to Medepin.

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

A copy of the 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 the ruling, contact National Import Specialist James Sheridan at 212-466-5669.

Sincerely,


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