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NY J83799




May 6, 2003

CLA-2-38:RR:NC:2:238 J83799

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Mr. Stephen W. Marlow
FedEx Trade Networks Transport & Brokerage, Inc. 205 West Service Road
Champlain, NY 12919

RE: The tariff classification of UV Alert! Monitoring Patches from Israel

Dear Mr. Marlow:

In your letter dated April 24, 2003, on behalf of your client, Solarnix International, you requested a tariff classification ruling.

The submitted sample consists of an adhesive-backed disposable patch that resembles a flesh-colored, dime-sized Band-Aid® in appearance. It is constructed from polypropylene and contains, inter alia, an active chemical compound that irreversibly changes its original color to a new color upon exposure to UV radiation, which initiates a chemical reaction. The patch is applied to the skin to monitor the individual’s exposure to the sun, in an attempt to prevent the harmful manifestations of overexposure, such as skin cancer. Alternatively, the patch can be applied to an article of clothing being by the person, such as a hat, or placed on an environmental surface in close proximity to the individual.

The applicable subheading for the subject product will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006: Other: Other.” The general rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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