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NY J80047





February 11, 2003

CLA-2-39:RR:NC:SP:221 J80047

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Dr. Willfried Schramm
Noventis, Inc.
23000 NE Schauer Drive
Battle Ground, WA 98604-5171

RE: The tariff classification of plastic components for diagnostic devices from Australia.

Dear Dr. Schramm:

In your letter dated January 8, 2003, you requested a tariff classification ruling.

The samples provided with your letter are components that will be used in the manufacture of an analytical testing device for the diagnosis of diseases, parasitic infections and pathological conditions. One component is a cylindrical polystyrene tube approximately 3/8 inch in diameter and 4 ¾ inches in height. The tube narrows at one end to form a tip designed to collect a liquid specimen by means of capillary action. After importation the chamber of the tube may be filled with a reagent to permit use of the product in analytical testing.

The second component is described in the patent application as a reagent vial. The vial may be filled after importation with an analytical testing reagent and then covered with a protective foil. The capillary tip of the tube is designed to be inserted through the foil cover into the vial and used to collect the contents of the vial to be mixed with the contents of the tube.

The applicable subheading for the plastic components for diagnostic devices will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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