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NY L83725




April 15, 2005

CLA-2-90:RR:NC:N1:105 L83725

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.9550

Mr. Pat Danilczyk
USG Logistics Inc.
Cargo Building 67
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification and marking of a Screen Questionnaire for Interstitial Cystitis from China

Dear Mr. Danilczyk:

In your letter dated April 01, 2005, for Pharma Design Inc., you requested a tariff classification ruling.

The imprinting on the package for the sample states:

“The simple, symptom-based PUF questionnaire helps screen unresolved chronic pelvic pain patients for interstitial cystitis (IC)

STEP 1 Place PUF calculator in patient waiting room or examination room

STEP 2 Ask patients presenting with pelvic pain to answer questions

Patients with IC are likely to have higher scores (>15), although lower scores may be attributed to patients with IC who

Are early in the course of the disease
Have a mild case of the disease
Are not sexually active”

Although the patient pushes the buttons to choose the responses to questions regarding, e.g., his/her sexual functioning and frequency of urination, it is clearly not for home use. The numerical score received serves only as a guideline for the doctor or nurse to decide whether to ask questions and/or take other actions themselves towards making a possible diagnosis of interstitial cystitis.

Although the item will include the sheet with the prescribing information for Elmiron capsules, we understand that the medication itself will never be included in the item.

The applicable subheading for the screen questionnaire will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” Electro-diagnostic apparatus. The rate of duty will be free.

The sample is marked “MADE IN CHINA” only on a sticker label on the base of the box. Since the box and the item are much wider at the bottom than the top, it is natural to leave the bottom surface as the base when resting it anywhere. The printing is less than 1/25 inch high. The questionnaire device itself is imprinted ORTHO-MCNEIL PHARMACEUTICAL, INC., Raritan, New Jersey 08869-0602.

We would consider shipments of items so marked to be not legally marked in that the statement of the true country of origin is not sufficiently conspicuous, so the Raritan, New Jersey “may mislead” the ultimate purchaser as to the actual country of origin of the article per Customs Regulation 134.36.

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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