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NY F83550




March 23, 2000

CLA-2-39:RR:NC:SP:221 F83550

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 3926.90.2000; 3923.30.0010; 3923.21.0090; 3923.29.0000

Ms. Wendy Bagnato
InBios International, Inc.
562 1st Avenue S., Suite 600
Seattle, WA 98104

RE: The tariff classification of plastic items for diagnostic tests from India.

Dear Ms. Bagnato:

In your letter dated February 25, 2000, you requested a tariff classification ruling.

Six samples were provided with your letter. All will be used in the manufacture of medical diagnostic tests. The first sample, described as a plastic cassette, will be combined after importation with a diagnostic reagent to form a test strip. The cassette is approximately ¾ inch by 2 ¾ inches. The second and third samples are plastic bulb droppers. The fourth sample is a plastic vial with a capacity of 30 milliliters. The fifth and sixth samples are pouches that are composed of metal foil coated on both sides with sheeting of plastics. The type of plastic is not stated in your letter. The pouches measure 2 by 4 ¾ inches and 2 ½ by 4 ½ inches.

The applicable subheading for the plastic cassette will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the plastic droppers will be 3926.90.2000, HTS, which provides for other articles of plastics...bulbs and syringes. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the plastic vial will be 3923.30.0010, HTS, which provides for articles for the conveyance or packing of goods, of plastics...carboys, bottles, flasks and similar articles, of a capacity not exceeding 50 milliliters. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the pouches, when coated on both sides with sheeting of polyethylene, will be 3923.21.0090, HTS, which provides for articles for the conveyance or packing of goods, of plasticssacks and bags, of polymers of ethylene. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the pouches, when coated on both sides with sheeting of plastics other than polyethylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, of plasticssacks and bags, of other plastics. The rate of duty will be 3 percent ad valorem.

Articles classifiable under subheadings 3926.90.9880, 3926.90.2000, 3923.30.0010, 3923.21.0090 and 3923.29.0000, HTS, which are products of India are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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