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NY M87022

October 20, 2006

CLA-2-70:RR:NC1:126: M87022


TARIFF NO.: 7017.90.5000

Mr. David Hambleton
Virginia Industries, Inc.
1022 Elm Street
Rocky Hill, Connecticut 06067

RE: The tariff classification of a laboratory/hygienic/pharmaceutical glass article from Germany

Dear Mr. Hambleton:

In your letter, dated September 20, 2006, you requested a tariff classification ruling, on behalf of Hartford Technologies, regarding a glass part of the flow regulator section of an infusion pump.

A sample of the flow regulator incorporating the part at issue was submitted with your ruling request.

The product is a worked glass ball. The glass is worked to conform to a specific size and specific tolerance. It is worked to a point that would allow it to be incorporated into the flow regulator of an infusion pump. The infusion pump will be part of a system designed for the intravenous administration of drugs to patients.

The worked glass ball is less than a quarter of an inch in diameter. Its function is to control the flow of liquid through intravenous tubes.

In your letter you suggest that this product should be classified in subheading 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and appliances used in medical, surgical, dental or veterinary sciencesparts and accessories thereof: other instruments and appliances and parts and accessories thereof: other: other. However, the goods of heading 7017 (laboratory, hygienic or pharmaceutical glassware) are excluded from classification in Chapter 90 by Note 1(e) of that chapter. Since this item is a laboratory/hygienic/pharmaceutical glass article classifiable in heading 7017, it cannot be classified in subheading 9018.90.8000, HTSUS.

The applicable subheading for the worked glass ball – that will be used as a part of the flow regulator section of an infusion pump within an intravenous system – will be 7017.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for laboratory, hygienic or pharmaceutical glassware: other: other. The rate of duty will be 6.7 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 Jacob Bunin at 646-733-3027.


Robert B. Swierupski

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