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NY F82602




February 8, 2000

CLA-2-84:RR:NC:MM:106 F82602

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.89.9085

Ms. Enid M. Bonilla-Hernandez
E-Trading Global Services
760 Somerset Drive
Winston-Salem, NC 27103

RE: The tariff classification of a needle destroyer from France.

Dear Ms. Bonilla-Hernandez:

In your letter dated January 27, 2000 you requested a tariff classification ruling. You submitted descriptive literature with your request.

The "Fusim Actif" needle destroyer is a portable rechargeable, battery-operated device designed to melt used hypodermic needles and other medical blades at the point of contact. The needle is inserted into the device and subjected to an electrical charge, or "electro-fusion", as you describe it, destroying the needle by high temperature (2192 degrees F). The needle is then discarded in a metal container. The device is designed to be used by hospitals, medical and dental offices and other health-care fields.

The applicable subheading for the needle destroyer will be 8419.89.9085, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, other. The rate of duty will be 4.2 percent ad valorem.

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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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