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NY 888612

August 16, 1993

CLA-2-40:S:N:N3:119 888612


TARIFF NO.: 4014.90.5000

Ms. Tonya R. Alford
Unit International, Inc.
900 University Blvd. N., Suite 500
Jacksonville, FL 32211

RE: The tariff classification of an ear pressure equalizing device from Sweden

Dear Ms. Alford:

In your letter dated July 19, 1993, you requested a tariff classification ruling on behalf of Invotec International, Inc., Jacksonville, FL.

The article to be imported is marketed under the registered trade name "Otovent" and consists of a plastic nose piece 1 1/2 inches long, and six specially made natural latex balloons packed in a retail cardboard box. This device is used to treat a condition wherein there is a negative pressure, with or without fluid, in the middle ear which can cause impaired hearing and a temporary feeling of heaviness.

To use the device, a balloon is attached to one end of the nose piece and the other end (round shape) is held firmly against a nostril while the other nostril is pressed closed. The balloon is blown to the size of a grapefruit by blowing through the nose. The same is done with the other nostril. The procedure is repeated two or three times a day and for a period of two to three weeks. The "Otovent" pack, nose piece and six balloons, is intended for a complete two to three week treatment.

The applicable subheading for the "Otovent" ear pressure equalizing device will be 4014.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for hygienic or pharmaceutical articles (including nursing nipples), of vulcanized rubber other than hard rubber, with or without fittings of hard rubber... other. The rate of duty will be 4.2 percent.

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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