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NY A82559

April 23, 1996

CLA-2-38:RR:NC:FC:238 A82559


TARIFF NO.: 3822.00.5090

Mr. M.A. Richard
Mark West Stables Inc. d.b.a. DeTec
5241 St. Helena Rd.
Santa Rosa, CA 95404

RE: The tariff classification of a breathalyser from France

Dear Mr. Richard:

In your letter dated March 13, 1996, resubmitted on April 10, 1996, you requested a tariff classification ruling.

The submitted sample consists of a breathalyser for the detection of blood alcohol. You indicate that, upon importation, it will be designated with the identification number of "N/182" or "N/195".

The product is made up of three components: a sealed, clear-plastic bag ("balloon"); a blue-colored, tube-like, plastic valve, with a removable cap, which comes inserted into the plastic bag; and a glass vial, with an aluminum foil cover, which contains chrome and sulfuric acid in a silica gel. According to the product information literature submitted, one first blows through the blue valve (after removing the cap) until the plastic bag is inflated. The tip of the valve is then used to puncture the foil cap of the reagent-containing vial. Once the valve is fully inserted into the vial, the air is squeezed from the inflated bag, through the valve, so as to come in contact with the reagents in the vial. A change in the color of the reagents from yellow (the original color) to green indicates the presence of alcohol. According to the product literature, the individual is informed that a positive test would justify that a more precise evaluation, such as an actual blood test, be performed in order to quantify the actual amount of alcohol present in the blood.

The applicable subheading for the subject product will be 3822.00.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Diagnostic or laboratory reagents on a backing and prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006: Other: Other." The rate of duty will be 3 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 C. Reilly at 212-466-5770.


Roger J. Silvestri

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