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NY F85363




April 13, 2000

CLA-2-90:RR:NC:MM:105 F85363

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.20.0000

Ms. Jeanette Huntley
Rialto International, Inc.
POB 24583 (98124)
Seattle, WA 98134

RE: The tariff classification of a nasal mask from the Phillipines

Dear Ms. Huntley :

In your letter, dated March 27, 2000, which corrected your letter of March 9, 2000, for Respironics, you requested a tariff classification ruling.

Per the sample and written information, the sample, imported in a sealed plastic bag, is the nose mask, valve unit, pressure gel pad (a comfort aid), and headgear straps for a device used to treat Obstructive Sleep Apnea. When connected by a hose to a small electric pump, the device keeps the air breathed in by the nose at a mildly higher pressure while preventing the exhaled CO2 from being inhaled. The users, normally asleep, can breathe normally most of the time without the device, but the positive pressure is to prevent their airway from collapsing several times during the night and thus temporarily cutting off the flow of oxygen to the body and awakening the sleeper.

We agree that the applicable subheading for this item will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “other” therapeutic respiration apparatus and parts and accessories thereof.. The general rate of duty will be percent ad valorem.

We note that you indicate that the commercial importations will have stickers with Made in the Philippines in large print on the rear of the package. Since you did not provide a sample of the actual marking, we cannot definitely state that it is acceptable, but it does appear to be so.

Note for the future that our address is 6 World Trade Center, not 7, as your letters were addressed.

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 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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