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NY J86521





July 25, 2003

CLA-2-39:RR:NC:SP:221 J86521

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Stephanie Norrell
ITL Corporation
1175 Herndon Parkway, Suite 350
Herndon, VA 20171

RE: The tariff classification of a safety shield from Malaysia.

Dear Ms. Norrell:

In your undated letter, received in this office on June 30, 2003, you requested a tariff classification ruling.

A sample was provided with your letter. The safety shield is used to protect healthcare professionals from blood splashes, aerosols and sprays. The shield is composed of plastic and is imported with a plastic stand and arm to adjust the shield to the proper angle.

You suggest classification in heading 9018, which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences. However, the safety shield is not an instrument used to make a diagnosis, or to prevent or treat an illness, or to operate. As you requested, the sample is being returned.

The applicable subheading for the safety shield 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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