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NY M86805




October 13, 2006

CLA-2-39:RR:NC:SP:221 M86805

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9810; 9018.90.8000

Mr. Joseph R. Hoffacker
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of transfer pipettes, specimen cups and lids, serum/blood transport tubes and caps, and vaginal specula from China and India.

Dear Mr. Hoffacker:

In your letter dated September 20, 2006, on behalf of Consolidated Packaging, you requested a tariff classification ruling.

Samples were provided with your letter. The disposable transfer pipette (part# 5214-10) is composed entirely of plastics. It does not have any mechanical features. It is a non-sterile pipette used for routine sampling of blood serum, plasma or other biological fluids. The pipettes are made in China.

The “Ezee Flow” cup & lid (part# 3045-1, -2, -3) is a non-sterile plastic cup with an attached plastic lid used for urine collection. The cups and lids are made in India.

The serum/blood transport tube & cap is a non-sterile plastic tube with an attached cap used in transporting blood or plasma. The tubes and caps are made in China.

The vaginal speculum, available in three different sizes (part# 86341, 86342 and 86343) is a non-sterile instrument, made entirely of plastics, used in vaginal examinations. The specula are made in China.

As you requested, the samples will be returned.

The applicable subheading for the transfer pipettes, the cups and their attached lids, and the serum/blood transport tubes and their attached caps will be 3926.90.9810, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics...laboratory ware. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the vaginal specula will be 9018.90.8000, HTSUS, which provides for other medical, surgical or veterinary instruments and appliances and parts and accessories thereof. 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/.

Articles classifiable under subheading 3926.90.9810, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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