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NY J80384




February 11, 2003

CLA-2-90:RR:NC:N1:105 J80384

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.7580

Mr. Chad Craig
Gambro BCT
10811 W. Collins Ave.
Lakewood, CO 80215

RE: The tariff classification of a Sampler Collect Bag from Denmark

Dear Mr. Craig:

In your letter dated January 16, 2003, you requested a tariff classification ruling.

The sample, a Sampler Collect Bag, 777033-982, is a molded, cylindrical, plastic bottle of semi-rigid plastic. It is about 3 inches long, about .7 inch in diameter in the main, but dropped down to a nipple of a about .3 inch in length and .2 inch in diameter. You indicate that it is custom molded by Meditec of Denmark for Gambro.bct, and you have supplied a copy of the spec sheet/engineering drawing for this item prepared by Cobe.bct.

You have supplied a brochure of your Cobe Spectra Apheresis System. We take it that you are indicating that you will sell the 777033-982 only for use in conjunction with that device. It will be connected by a tube clamped to its nipple to collect a small portion of the liquid filling the larger bag.

Per Headquarters Ruling Letter 965024 AM, 2-13-02, a similar Apheresis System would be classified in HTS 9018.90.75.

You state, “The Sampler, Collect Bags are currently being classified under Harmonized Tariff Schedule 3926.80.9810.” However, we agree with your proposal that the applicable subheading for the 777033-982 will be 9018.90.7580, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” electro-medical instruments and appliances and 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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