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NY J84878




June 12, 2003

CLA-2-90:RR:NC:N1:105 J84878

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.20.0000

Mr. Michael E. Murphy
Baker & McKenzie
815 Connecticut Avenue, N.W.
Washington, D.C. 20006-4078

RE: The tariff classification of a Proventil HFA Demonstrator Inhaler from the United Kingdom

Dear Mr. Murphy:

In your letter dated May 22, 2003, for Schering Corporation, you requested a tariff classification ruling.

You state, “ As indicated above, the product at issue here is a Proventil HFA demonstrator inhaler. The Demonstrator Inhaler consists of a plastic metered dose inhaler and a canister designed to fit therein containing a mixture of various chemicals (i.e., oleic acid, 1,1,1,2-tetrafluoroethane and dehydrated alcohol), but no active pharmaceutical ingredient. The Demonstrator Inhaler is not intended to be distributed to patients. Instead, it is used by doctors to teach patients how the Inhaler works. A sample of the Demonstrator Inhaler at issue is enclosed for your reference.”

You indicate that the inhaler is identical in operation to those used to produce the aerosol spray from cartridges of albuterol to treat asthma and other respiratory diseases and that the inhaler costs more than three times the canister with no active ingredients. The aerosol is emitted through a cylindrical tube about 1 inch long and .8 inch in diameter, which is typical for aerosol delivery devices for respiratory devices.

We agree that the applicable subheading for your sample 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.

We assume that the commercial importation will be individually marked made in the United Kingdom.

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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