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April 5, 1999

CLA-2-39:RR:NC:SP:221 D89644


TARIFF NO.: 3919.90.5060

Mr. Gary W. Timm
Acutek Adhesive Specialties
540 North Oak Street
Inglewood, CA 90302

RE: The tariff classification of oximeter sensor bandages from Ireland

Dear Mr. Timm:

In your letter dated March 18, 1999, you requested a tariff classification ruling.

Three types of oximeter sensor bandages will be imported: the oximeter sensor bandage top (#51114), the oximeter sensor bandage bottom (#051925) and the pulse oximeter sensor bandage bottom (#051759). Samples of each, as well as samples of the materials of which the oximeter sensor bandages are composed, were provided with your letter.

Part 051759 consists of a rectangular strip of propylene/ethylene plastics, measuring approximately 3 1/4 inches by 1 1/2 inches, into which two holes have been die cut. One full side of the strip has been coated with a hypoallergenic pressure sensitive adhesive. On the other side, a narrow strip of adhesive, approximately 1/2 inch in width, has been coated in the middle in a line which covers the two holes. The adhesive portions are protected with paper release liners. Part 051925 is similar in construction to part 051759, except that it measures approximately 4 inches by 2 inches, and the two holes are set at different distances. Part 51114 consists of a strip of perforated ethylene vinyl acetate/propylene plastics, roughly dumbbell shaped, measuring approximately 4 inches in length by 1 1/2 inches at its greatest width, and coated on one side with hypoallergenic pressure sensitive adhesive. It is imprinted with various images, including two circles which line up with the holes in bandage bottom 051925.

Though the articles are described as bandages, they are not used to cover wounds. Rather, they are used to help align an oximeter sensor and attach it to a finger. The bottoms affix the active components of the pulse oximeter sensor (a light emitter and a light detector) to the bandage top. When the bottom is wrapped around the finger, the two holes, or windows, align, allowing light from the emitter to travel through the bandage material and the body part to the detector.

The applicable subheading for the oximeter sensor bandages will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics...other, other. The rate of duty will be 5.8 percent ad valorem.

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 Joan Mazzola at 212-637-7034.


Robert B. Swierupski

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