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NY L86915

September 2, 2005

CLA-2-:RR:NC:SP:221 L86915


TARIFF NO.: 3926.90.9880

Ms. Iliana Fuller
Allergan Sales, LLC
2525 Dupont Drive
P.O. Box 19534
Irvine, CA 92623-9534

RE: The tariff classification of plastic tips for eyedroppers from Ireland.

Dear Ms. Fuller:

In your letter dated August 9, 2005, you requested a tariff classification ruling.

Samples were provided with your letter. The plastic eyedropper tips are available in two colors. Part Number 42635ETO-NS is teal, and Part Number 42630ETO-NS is white. Both are non-sterile.

You suggest classification in heading 3004. However, heading 3004 provides for medicaments. The plastic eyedropper tips do not contain medicaments. Therefore, the eyedropper tips are precluded from classification in heading 3004.

The applicable subheading for the plastic eyedropper tips 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.


Robert B. Swierupski

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