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NY J88331




October 2, 2003

CLA-2-39:RR:NC:SP:221 J88331

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.50.0000

Ms. Joni Post
Gambro Renal Products
10810 W. Collins Avenue
Lakewood, CO 80215

RE: The tariff classification of plastic caps from Mexico.

Dear Ms. Post:

In your letter dated September 5, 2003, you requested a tariff classification ruling.

A sample was provided with your letter. The plastic caps are used to seal BiCart cartridges containing sodium bicarbonate. The cartridges themselves are used with dialysis machinery to generate bicarbonate dialysate. You suggest classification in heading 9018, as a part for instruments or appliances used in medical, surgical, dental or veterinary sciences. However, the cap is not a part of the dialysis machine, but simply a cap used to seal a container that will be attached to the machine during use.

The applicable subheading for the plastic caps will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoppers, lids, caps and other closures, of plastics. 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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