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NY M82839




May 10, 2006

CLA-2-90:RR:NC:N1:105 M82839

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Ms. Margaret R. Polito
Neville Peterson LLP
17 State Street – 19th Floor
New York, New York 10004

RE: The tariff classification of a Calculi Strainer from China

Dear Ms. Polito:

In your letter dated April 12, 2006, for Medical Action Industries Inc., you requested a tariff classification ruling. A sample was submitted.

The sample calculi strainer has the shape of a plastic funnel, about 4 inches in diameter at the top and 1.5 inches at the outlet. It is about 3 inches tall and has a molded tab to grip it. It has a relatively fine mesh covering the outlet. It is not a part of a larger device.

It is shaped to enable the patient to easily urinate into it with minimum splash back. The mesh is designed to retain any kidney stones in the urine. The stones will then be removed and examined by an urologist, etc, in diagnosing the type and severity of the patient’s kidney ailment. The shape and composition of the stones are indicative of different causes for their formation.

Per the image of the packaging you supplied, MediChoice’s Calculi Strainers are sold in cases of 100. From a review of the internet, they are normally sold in large numbers per case, which is consistent with purchases by hospitals and medical offices.

We agree that the applicable subheading for the sample will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Instruments and appliances used in medical, surgical or veterinary sciences. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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