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NY K83122
February 20, 2004 CLA-2-38:RR:NC:2:238 K83122
CATEGORY: Classification
TARIFF NO.: 3808.90.7000
Mr. Ralph Natale American Shipping Company, Inc.

140 Sylvan Avenue Englewood Cliffs, NJ 07632
RE:     The tariff classification of Stethocap™ from China
Dear Mr. Natale:

     In your letter dated February 5, 2004, on behalf of your client, The Buzz Group LLC, you requested a tariff classification ruling.

     The submitted sample, designated as Stethocap™, consists of a blister pack containing two, circular, plastic caps, each measuring 2" in diameter. Each cap bears the name of a prescription medication on its outer surface, and has been treated with an antimicrobial preparation containing silver as the active ingredient. The cap is designed to be snapped onto the diaphragm of a standard manual stethoscope, prior to auscultating the patient, to prevent the transmission of microorganisms - and the risk of infection - from the diaphragm to the patient. Disposal and replacement of the cap is recommended after 90 days of use. You state in your letter that drug companies will use the subject product as a "giveaway" to promote their products.

     The applicable subheading for the subject product will be 3808.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Insecticides , disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Other: Other: Containing an inorganic substance." The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090.

     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 Harvey Kuperstein at 646-733-3033.

                              Sincerely,                               Robert B. Swierupski                               Director,                               National Commodity                               Specialist Division

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