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NY R00181




April 6, 2004
CLA-2-84:RR:NC:1:104 R00181

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. Eric Lizano
Cardinal Health 301 Inc.
14005 Kirkham Way
Poway, CA 92064

RE: The tariff classification of a medical surgical supplies distribution system

Dear Mr. Lizano:

In your letter dated March 15, 2004 you requested a tariff classification ruling.

The Pyxis SupplyStation 30 is used by medical personnel in health care facilities as an automated point-of-use supply system. A secured supply storage cabinet stores and dispenses medical surgical supplies. The Touch-to Take™ technology allows usage, inventory and replenishment information to be transmitted electronically. The system is electronically linked to the health facility’s information systems, e.g., billing and materials management, thus helping to eliminate billing and inventory errors. The fan-cooled system has a storage and operating environment with a temperature range of 15-35 degrees C and an atmospheric pressure range of 700-1060 hPa.

The applicable subheading for the Pyxis SupplyStation 30 medical surgical supplies distribution system will be 8479.89.9897, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent ad valorem.

In your letter of March 15, 2004, you state that the request is “for a prospective importation between Mexico and the U.S.” The actual country of origin is not indicated. However, in a followup telephone conversation between you and a member of this office, you stated that the Pyxis SupplyStation 30 is manufactured in the United States.

United States manufactured products are entitled to enter free of duty as American goods returned, upon compliance with Section 10.1, Customs Regulations (19 C.F.R. §10.1). Heading 9801 allows products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, to be entered free of duty. Regarding the applicability of heading 9801, HTSUS, if the Pyxis SupplyStation 30 meets the criteria listed above, the merchandise may be eligible for a duty exemption under subheading 9801.00.10, HTSUS.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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