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NY 891356





November 12, 1993

CLA-2-90:S:N:N3:119 891356

CATEGORY: CLASSIFICATION

TARIFF NO.: 9018.31.0040; 9817.00.5000

Ms. Judy Campbell
W.Y. Moberly, Inc.
Box 164
Sweetgrass, MT 59484

RE: The tariff classification of Injection Device from Canada.

Dear Ms. Campbell:

In your letter dated October 7, 1993 you requested a tariff classification ruling on behalf of Medi-Dart, Alberta, Canada.

The article to be imported is an animal injection system marketed under the name Medi-Dart. It is used to give an animal a single intra-muscular injection without having to restrain the animal or separate it from the herd.

The Medi-Dart injection system consists of a syringe barrel, plunger and needle, a pole, a tail section and a bicycle pump. It operates on compressed air in a manner similar to a blow gun.

The Medi-Dart system will be imported packed for sale to the user. It is classifiable as a set whose essential character is imparted by the syringe and needle components.

The applicable subheading for the Medi-Dart system will be 9018.31.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for syringes with or without needles; parts and accessories thereof. The duty rate will be 8.4 percent.

Goods classifiable under subheading 9018.31.0040, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.50, HTS. Upon the submission of actual use certification, as provided in Section 10.131-139 of the Customs Regulations, the Medi-Dart injection system would be classifiable in subheading 9817.00.50, HTS, and would be free of duty.

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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