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NY M86473




September 28, 2006

CLA-2-90:RR:NC:N1:105 M86473

CATEGORY: CLASSIFICATION

TARIFF NO.: 909018.90.8000

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of a DTX Plus Transducer from Singapore

Dear Ms. Kelly-Kobayashi:

In your letters dated July 26 and August 31, 2006, for Becton Dickinson Infusion Therapy, Inc., you requested a tariff classification ruling. A sample was submitted.

The sample, marked DTX Plus DT-NN, 682019, is packaged sterile.

You state, “Product 682019 is a disposable transducer with a built-in 30 cc per hour flush device for pressure monitoring. The blood pressure transducer does not generate electricity. The electricity is generated by the pressure monitoring system.

The monitoring system sends an electrical signal to the transducer which the transducer translates into a mechanical movement in the bloodstream.”

You proposed classification for the sample 682019 under HTSUS 9018.19.9550 in you July 26th letter. However, you proposed classification under HTSUS 9018.90.8000 in your August 31st letter.

You state, “We also request a ruling on other disposable transducers imported by Becton Dickinson. The product numbers are 682000, 682014, 682040, 682021, 682018, 682024, 682007 and 682012. These transducers have the same functions as Product # 682019.”

Since you have given no explanation about the differences, if any, between the sample 682019 and the eight other models, we will not be able to issue a binding ruling concerning them. However, in general, we see no reason why they would not be classified in the same HTSUS if they have the same functions as the 682019 and perform them in the same way.

We agree that the applicable subheading for the 682019 will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" medical, surgical or veterinary instruments and appliances and parts and accessories thereof. The rate of duty will be free.

Per your request, the sample is being returned to you, in a separate mailing. 

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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