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NY N004350




December 22, 2006

CLA-2-63:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.39.0000

Sean McCann
ThermoFisher Scientific
171 Industry Drive
Pittsburgh, PA 15275-1034

RE: The tariff classification of biopsy bags from Japan

Dear Mr. McCann:

In your letter dated November 30, 2006, you requested a tariff classification ruling.

The items in question are identified as biopsy bags, which you indicate are also known as tissue sample bags. They are small bags (1.2” x 1.7” to 3” x 3.5”) that are made of woven nylon fiber with heat sealed edges on three sides. The bags hold small tissue samples taken from patients in hospitals so that the samples are not lost as they are processed in chemical baths.

The applicable subheading for the biopsy bags will be 6305.39.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sacks and bags, of a kind used for the packing of goods: of man-made textile materials:other. The rate of duty will be 8.4% ad valorem.

HTSUS 6305.39.0000 falls within textile category 669. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

In the ruling request letter that you submitted on October 9, 2006, (M87132), which we returned for more information, you suggested that these items be classified under subheading 5911.90, HTSUS, which provides for other textile products and articles for technical uses. You submitted a CD showing the use of the bag; it has been determined that the biopsy bags are used to hold and transport the medical samples and do not work with the specific machinery/apparatus. It is not classified in heading 5911 as a technical use textile.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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