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NY C81100




November 18, 1997

CLA-2-84:RR:NC:MM:106 C81100

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.89.9085

Mr.R.J. Millar
12 Grove Ave.
Corte Madera
Marin County, Ca 94925

RE: The tariff classification of a Brightstone needle destroyer from South Africa.

Dear Mr. Millar:

In your letter dated November 17, 1997 you requested a tariff classification ruling. You submitted descriptive literature with your request.

The Brightstone needle destroyer is an electrical device that reduces used hypodermic or vacuum container needles to metallic ash instantly. It is used in health care applications to eliminate the risk of accidental infection caused by needle stick injuries. The needle point is inserted downwards in the correct aperture on the unit, automatically activating a circuit, and a flash temperature of 1000 degrees Celsius reduces the needle to ash. The destroyed needle is totally sterilized and automatically stored in a detachable waste box in the base of the unit. There are 2 models, static and portable. The portable model is battery powered and comes with an AC adaptor. It can also be charged from a vehicle's cigarette lighter socket.

The applicable subheading for the Brightstone needle destroyer will be 8419.89.9085, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, other. The duty rate will be 4.2 percent ad valorem.

Articles which are classifiable under subheading 8419.89.9085, HTS, which are products of South Africa are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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 Patrick J. Wholey at 212-466-5668.

Sincerely,

Robert B. Swierupski
Director,

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