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NY N011333

June 14, 2007



TARIFF NO.: 5911.90.0080

Greg Fong
Cytyc Surgical Products
301 East Evelyn Avenue
Mountain View, CA 94041

RE: The tariff classification of a circular knit fabric plated with silver and gold from Hungary

Dear Mr. Fong:

In your letter dated May 7, 2007, you requested a tariff classification ruling.

As stated in previous correspondence with this office, the circular knit fabric was manufactured in the U.S. and sent to Hungary where it is plated with silver and gold. The plated fabric is then returned to the U.S. where it is used to make a component incorporated into your NovaSure surgical device. The additional information you have provided indicates the surgical device is used for endometrial ablation treatment. The fabric serves as a component of the NovaSure device that delivers the electromagnetic energy. The device and the fabric are removed as soon as the procedure is complete. The fabric is imported in bulk rolls by itself and not with any instrument or apparatus. You also state that there is no other use for this fabric.

The applicable subheading for the circular knit fabric plated with silver and gold will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Textile products and articles, for technical uses, specified in note 7 to this chapter: Other. The rate of duty will be 3.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Deborah Walsh at (646) 733-3044.


Robert B. Swierupski

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