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NY J84520




May 22, 2003

CLA-2-39:RR:NC:SP:221 J84520

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Michelle Hernandez
Prism Enterprises LP
P.O. Box 680728
San Antonio, TX 78268

RE: The tariff classification of a baby pod pediatric transport unit from the United Kingdom.

Dear Ms. Hernandez:

In your letter dated May 1, 2003, you requested a tariff classification ruling.

The sample submitted with your request is identified as a baby pod pediatric occupancy device. The baby pod is designed to convey a baby to or from a medical facility, between facilities, or between departments within a single medical facility. The pod consists of a carbon fiber reinforced plastic shell lined with shock absorbent polyurethane foam, with transparent shields for viewing the baby. The pod incorporates stretcher fixing straps to secure the device for transport, and safety straps to secure the infant inside the device. It also contains a patient positioning vacuum mattress that is filled with flame retardant polystyrene balls. Removal of air from the vacuum mattress via the attached valve allows positioning of the baby within the pod.

The sample is being returned as you requested.

The applicable subheading for the baby pod will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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