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NY J82858




April 18, 2003

CLA-2-90:RR:NC:N1:105 J82858

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.19.9535

Ms. Iliana Fuller
Allergan Sales, LLC
P.O. Box 19534
Irvine, CA 92623-9534

RE: The tariff classification of Botox Injection Amplifier

Dear Ms. Fuller:

In your letter dated March 24, 2003, you requested a tariff classification ruling.

Your sample Botox Injection Amplifier is in a case with separate areas for the main Injection Amplifier, which is powered by batteries and which has only electrical inputs and outputs, and an electrical cable with three plugs for attachment to the Amplifier on one end and two alligator clips and a male connector at the other. Its purpose is to relay, amplify, and convert into sound the extremely small electrical impulses in muscles. The sample does not directly participate in the delivery of Botox into a patient, but gives the information which helps the doctor injecting the Botox to find the desired muscles.

We agree that the applicable subheading for your sample will be 9018.19.9535, Harmonized Tariff Schedule of the United States (HTS), which provides for electroencephalographs and electromyographs.

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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