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NY H89494





April 16, 2002

CLA-2-39:RR:NC:TAB:354 H89494

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.4010

Ms. Beckie Youngs
Schenker, Inc.
Chicago Branch
123 Sivert Court
Bensenville, IL 60106

RE: The tariff classification of plastic gloves from France

Dear Ms. Youngs:

In your letter dated March 8, 2002, on behalf of Polysem, you requested a tariff classification ruling.

The submitted sample is a shoulder length glove made from two identical pieces of polythene film which is heat sealed (seamed) together to form the item. The disposable gloves are designed for use in veterinary procedures.

The applicable subheading for the glove will be 3926.20.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics. . .: articles of apparel and clothing accessories(including gloves, mittens and mitts): gloves, mittens and mittts: other, disposable. The rate of duty will be 8 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.50, HTS. Upon the submission of actual use certification, as provided in Section 10.131-139 of the Customs Regulations, the veterinarian's gloves would be classifiable in subheading 9817.00.50, HTS, and would be free of duty.

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 Brian Burtnik at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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