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NY 879702





October 30, 1992

CLA-2-39:S:N:N3D:221 879702

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9090

Mr. Charles R. Harder
MDS Corporation
4636 Hillard Avenue
La Canada, CA 91011

RE: The tariff classification of plastic medical stand covers from Costa Rica.

Dear Mr. Harder:

In your letter dated October 3, 1992, you requested a tariff classification ruling.

The sample submitted with your letter is a polyethylene plastic bag used as a stand cover during surgical procedures. It will be imported in a non-sterile condition. The bag measures approximately 55 inches by 23 inches. A sheet of nonwoven material measuring approximately 24 inches by 20 inches is attached by means of an adhesive to one side of the bag. The nonwoven material consists of rayon and cellulose. You indicate that the plastic portion makes up 90 percent of the weight of the product. The plastic portion imparts the essential character to the product.

The applicable subheading for the plastic medical stand cover will be 3926.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Articles classifiable under subheading 3926.90.9090, HTS, which are products of Costa Rica, are entitled to duty free treatment under the Generalized System of Preferences (GSP), and well as under the Caribbean Basin Economic Recovery Act (CBERA), upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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