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NY H84993




August 23, 2001

CLA-2-90:RR:NC:MM:105 H84993

CATEGORY: CLASSIFICATION

TARIFF NO.: 9021.90.8000

Mr. Christopher C. Johnston, Esq.
Sullivan, Stolier & Resor
Suite 2600, 909 Poydras Street
New Orleans, LA 70112

RE: The tariff classification of a portable insulin infusion pump from South Korea

Dear Mr. Johnston:

In your letter, dated August 3, 2001, for Dana Diabecare USA, L.L.C., you requested a tariff classification ruling. No sample was submitted.

The imported DanaDiabecare will slowly pump insulin from a 300 unit reservoir into a diabetic’s blood via an infusion set. Due to its low weight, under 2 ounces, and the fact that each import will include “pump holders for belt and/or bra,” it is clear that the diabetic will routinely carry it on his/her person.

Although the Explanatory Note to Harmonized System Heading 8413.11 and 8413.19 indicates it includes “automatic dosage pumps,” EN V-4 to HS 9021 indicates it includes “Appliances...used to support or replace the chemical function of certain organs (e.g., secretion of insulin).”

The applicable subheading for this item will be 9021.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability. The general rate of duty will be free.

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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