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NY I86816




October 1, 2002

CLA-2-90:RR:NC:N1:105 I86816

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.20.0000

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of Aerolizers NOPAS No. 127147 from Italy and Nasal Spray Pumps Code 091-00-01-3 from Germany

Dear Mr. Pellegrini:

In your letter dated September 20, 2002, you requested a tariff classification ruling.

The sample Aerolizer Inhaler stands approximately 3” in height and 1 ½” at its widest area. The Aerolizer has a cover, mouthpiece, base of inhaler and button, all of plastic. The device is designed to permit patients to self-administer medicaments.

You describe the sample as “The device is designed to permit a patient to inhale the contents of a capsule orally. The capsule contains Foradil (formoterol fumarate inhalation powder), a drug used for the treatment of breathing problems experienced by individuals who have asthma or chronic obstructive pulmonary disease. The capsule contains a bronchodilator which helps to keep the airways opened. This makes it easier for people to breathe and reduces the symptoms of asthma, chronic bronchitis and emphysema.”

“In operation the capsule is placed into the Aerolizer where a device pierces the capsule. The patient breathes in rapidly resulting in the capsule spinning and dispensing the medication.”

The sample nasal spray pump is plastic and designed for use with a medicament. The spray pump is designed to treat post-menopausal osteoporosis patients. “The pump is attached to a bottle of the medicament and placed in a nostril and pumped once. The spray pump is designed to deliver a single dose with a single pump.”

The applicable subheading for the samples will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof. 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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