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NY 852689

CLA-2-59:S:N:N3H:350 852689


TARIFF NO.: 5911.90.0000

Mr. John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of `heat and moisture exchangers' for use in anesthesia and respiratory care from Sweden.

Dear Mr. Slagle:

In your letter dated May 15, 1990, on behalf of Flo Care Medical, you requested a tariff classification ruling.

The samples submitted consist of fibrous nonwoven inserts of polyethylene/polypropylene man-made fibers that have been treated with chlorhexidine, an antibacterial substance. The inserts are somewhat cylindrical in configuration and measure about one inch in both length and diameter. You state that these inserts are used in anesthesia and respiratory care. The product is known as a heat and moisture exchanger. Its function is to capture the patient's warmth and moisture from the expired breath and to heat and humidify the `inspired' breath of dry gases. The insert holds the heat and humidity of the expired breath and releases it as the dry gases are inspired through the unit.

Since the inserts contain chlorhexidine, the product may be subject to the regulations of the Food and Drug Administration. FDA may be contacted at 5600 Fishers Lane, Rockville, MD 20857. Their telephone number is (202) 443-3380.

The applicable subheading for the product will be 5911.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical use. The duty rate will be 7.5 percent ad valorem.

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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