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NY N018347




October 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Ms. Pat Danilczyk
USG Logistics Inc.
Cargo Building 67
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a pharmacy tool from China

Dear Ms. Danilczyk:

In your letter dated October 8, 2007, on behalf of Pharma Design Inc., New Jersey, you requested a tariff classification ruling.

The sample submitted with your request is identified as a 4-in-1 pharmacy tool designed to help pharmacists sort pills and tablets without touching them. The tool is molded of polycarbonate plastic and measures 7 inches in length. It consists of a handle with a U-shaped curved head whose ends can be pushed together, by hand, to operate like tongs. Two tabs, one at each end of the U, are used to pick up pills for transfer to another bottle. Two pointed teeth, one inside each leg of the U, are designed to puncture seals on pill bottles. The tip of the handle has a hook to remove the cotton wadding from pill bottles. This tip may also be used to sort pills once they are poured out of the bottle.

The applicable subheading for the 4-in-1 pharmacy tool will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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