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NY R02602





October 19, 2005

CLA-2-84:RR:NC:N1:106 R02602

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0090

Mr. George Arslanian
Safesource LLC
55 Garwood Road
Fairlawn, NJ 07410

RE: The tariff classification of an electromechanical pharmaceutical package distributor from Italy.

Dear Mr. Arslanian:

In your letter dated August 30, 2005 you requested a tariff classification ruling. In addition, in your letter dated September 16, 2005, you replied to our request for additional information. You submitted descriptive literature with your request.

The article in question is described as an electromechanical pharmaceutical package distributor, identified as the “Busterspid System”. The system is used for automatic pharmaceutical management and is designed to assure safe and secure administration of medications to patients in hospitals and nursing homes. The system configuration includes a touch-screen monitor, PC’s, keyboards, internally loaded software and an internal robotic arm. The robotic arm is used to store and select medications by functioning as a “gripper” that slides back and forth or up and down to load and/or remove trays. You state that the system contains no refrigeration or climate control equipment and replaces the conventional pharmacy cabinet.

The applicable subheading for the electromechanical pharmaceutical package distributor will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery: Other: Other. The rate of duty will be free.

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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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