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NY F87893

June 14, 2000

CLA-2-90:RR:NC:MM:105 F87893


TARIFF NO.: 9018.39.0050

Mr. Ron Reuben
AEI Customs Brokerage Services
5510 W. 102nd Street
Los Angeles, CA 90045

RE: The tariff classification and marking of a Smylin pen delivery devices from Switzerland.

Dear Mr. Reuben:

In your letter, dated May 29, 2000, for Amylin Pharmaceuticals Inc., you requested a tariff classification ruling.

You have submitted the prototype of a plastic device about 6 inches long and .7 inches in diameter inside its plastic carrying case with a foam plastic, form-fitting insert. It has the general shape of a marking pen with a pocket clip, but, when the “cap” is removed and a drug cartridge is inserted, it has internally the mechanism to inject a drug into a patient when combined with a needle (not included in the prototype). The drug will be in a plastic cartridge, rather like the ink cartridges used in fountain pens in the 1960’s. The “button” at the end of the barrel actuates the mechanism. The dosage to be delivered per each push of the button can be varied from 30 to 60 micrograms by twisting the top. The pen has no weighing system so it is clearly made specifically for a drug with the appropriate specific gravity. You state that another model, for which no sample was supplied, is the same except in that it will deliver injections of 120 micrograms only.

You indicate that the pen delivery systems and the drug cartridges will be imported separately.

You state that the pens, the needles, the plastic cases, and the retail packaging are all made in Switzerland. We agree that a conspicuous placement of “Made in Switzerland” in readily legible print on the individual retail display cartons will be acceptable Country of Origin marking.

We agree that both pens and their cases, with or without needles, will be classified in 9018.31-.39 as Syringes...and the like, but we consider them fit better into “the like” of 9018.39 compared to the “Syringes” of 9018.31, due to their noticeable differences from traditional syringes.

The applicable subheading for both pen delivery systems will be 9018.39.00.50, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, syringe-like devices. The general rate of duty will be free.

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 James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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