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NY M86489




September 25, 2006

CLA-2-90:RR:NC:N1:105 M86489

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.90.8000

Ms. Louise Megale
Powers Freight Express
27 Blake Avenue
Lynbrook, NY 11563

RE: The tariff classification of a Diabetic Foot Screening Monofilament from China

Dear Ms. Megale :

In your letter dated September 6, 2006, for Mork Marketing Inc., you requested a tariff classification ruling. No sample was submitted.

You state: “The 2 samples are:
Sample #1 – resembles a pen which houses the monofilament. A button is depressed and the monofilament is pushed out.

Sample#2 – The monofilament is encased in a plastic sleeve.

Both of the above samples are neuropathy testers, called esthesiometers. They are used for diabetic foot screening. Physicians use this tool to determine the circulation and sensitivity on the bottom of their diabetic patient’s feet, in order to avoid risk of future amputation.”

We note that the monofilaments are semi-rigid. The one in the plastic sleeve is imprinted Lyrica, and the packing is imprinted “Diabetic Foot Screen Test” and has on the rear a drawing showing several suggested points on the bottom of the foot to be tested.

A related item was classified in 9018.90.8000 in New York Ruling Letter C88487-105, dated 6-22-98.

We agree that the applicable subheading for the two samples will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” instruments and appliances used in the 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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