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NY M81779




April 10, 2006

CLA-2-84:RR:NC:N1:106 M81779

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.89.9585

Mr. Michael Packard
Stonepath Logistics
1930 6th Ave. So.
Suite 201
Seattle, WA 98134

RE: The tariff classification of a hypodermic needle destruction device from China.

Dear Mr. Packard:

In your letter dated March 8, 2006, on behalf of One World Sourcing LLC, you requested a tariff classification ruling. You submitted a sample with your request, which will be returned to you.

The article in question is a hypodermic needle destruction device, identified as the “NeedleZap”. The “NeedleZap” is a portable, rechargeable, battery-operated device designed to destroy hypodermic needles at the point of use, thus eliminating contamination and the risk of needle stick injuries in hospitals, clinics, medical and dental offices, and other health-care fields. In operation, the needle is inserted into the device and subjected to an electrical charge, destroying the needle by high temperature (2200 degree F).

You propose classification in HTS 9018. However, the item does not participate in any way in the delivery of therapy; it assists only in the safe disposal of the materials after use. See, for example, NY 891498-105 of October 27, 1993, also not classified in HTS 9018.

The applicable subheading for the hypodermic needle destruction device will be 8419.89.9585, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other machinery, plant or laboratory equipment for the treatment of materials by a process involving a change of temperature such as heating: other: other: other: for other materials. The rate of duty will be 4.2 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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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