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NY 845731

CLA-2-90:S:N:N1:114 845731


TARIFF NO.: 9004.90.0000

Mr. Vincent Iacopella
Janel International Forwarding Co. of
Los Angeles, Inc.
5300 West 83 Street
Los Angeles, California 90045-0099

RE: The tariff classification of surgical visors from the Republic of South Africa.

Dear Mr. Iacopella:

In your letter dated September 18, 1989, on behalf of your client, American Precision, Santa Ana, California, you requested a tariff classification ruling.

The article for which you request a classification is a disposable, plastic visor (or eye shield) which is only used once by surgeons while performing surgery, and is designed to cover and protect the eyes of the surgeon by offering him an effective barrier against liquid splash, bone chips, or other contaminants as experienced in the medical work environment. The visor is made of a clear, thin plastic sheet, cut to size and shape, and has a foam strip across the top. The visor is fastened to the head of the surgeon by a rubber band. Side vents in the visor allow air circulation and heat loss. The visor, together with a page of descriptive literature, is packaged in a sealed, clear plastic bag, and is imported in that way.

The applicable subheading for the surgical visor will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other spectacles, goggles and the like, corrective, protective or other. The rate of duty will be 7.2 percent ad valorem. The country of origin marking, as it appears on the descriptive literature that is enclosed with the visor, does not meet the requirements of the U.S. Customs marking regulations {Ref.: Section 304 of the Tariff Act of 1930 (19 USC 1304)]. The acceptable country of origin designation is "Republic of South Africa." The country of origin must appear on the visor itself (below "Surgical Visor by Negaids") and should read "Made in Republic of South Africa." Such marking must be legible and conspicuous, and sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser. The country of origin marking on the descriptive literature must also be changed to read "Made in Republic of South Africa."

With regard to products of the Republic of South Africa, restrictions apply to United States importations of certain commodities and items of merchandise from the Republic of South Africa, as well as to products exported to the United States by a corporation, partnership, or other entity owned, controlled, or subsidized by the Government of South Africa (i.e., a "parastatal" organization). Due to the changeable nature of these restrictions, you should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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.


Jean F. Maguire
Area Director

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