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NY N020573




December 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Mr. Frank Totino
Henry Schein Inc.
135 Duryea Road
Melville, NY 11747

RE: The tariff classification of plastic sterilization pouches from Israel.

Dear Mr. Totino:

In your letter dated December 3, 2007, you requested a tariff classification ruling.

A sample was provided with your letter. The product is tubing of polyamide plastic that has been sealed and perforated at 10 inch intervals to form pouches. The product is imported in rolls of 100 feet. The pouches are either 2 inches or 3 inches in width, and have an internal opening of 9 ½ inches. The pouches are used for sterilizing medical, dental and veterinary instruments. The instruments are placed inside the pouches, which are then heat sealed with a tool that is not imported with the pouches. The enclosed instruments are then placed inside a steam or dry heat sterilization unit. The instrument is sterilized inside the pouch and stored in the pouch until its next use. The pouches will be imported both with and without an ink indicator, which allows the user to know when the sterilization process is complete.

You suggest classification in heading 3917, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes and hoses, of plastics. However the tubing has already been heat sealed and perforated every 10 inches to form pouches. The product is not a tube in the condition as imported.

The applicable subheading for the plastic pouches will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The general 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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