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NY H86172




February 5, 2002

CLA-2-90:RR:NC:N1:105 H86172

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Mr. Lawrence R. Pilon, Attorney
Hodes Keating & Pilon
39 South LaSalle Street, Suite 1020
Chicago, IL 60603-1731

RE: The tariff classification of disposable plastic towel clamps from China

Dear Mr. Pilon:

In your letter dated January 9, 2002, for disposable plastic towel clamps, you requested a tariff classification ruling.

The sample is like locking scissors, except that the ends have small, molded, grooved pads for gripping, not cutting. It is similar in shape to items sold in electronic and other stores for grabbing wires, pulling jammed paper strips out of paper shredders, etc. It is different in the fine detailing of the mold and the use of plastic, instead of metal. Much less force can be used. In fact, both stems snapped off in its trip to us. The molding and the material are consistent with its disposability, which is consistent with its use in surgery due to the extreme concern for infection. In addition, you indicate that the importer primarily deals in medical and surgical supplies.

We agree that the applicable subheading for the clamps will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and appliances used in medical, surgical, and veterinary sciences. The 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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