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NY N013588

July 3, 2007



TARIFF NO.: 3006.70.0000

Mr. Steven B. Zisser
Zisser Customs Law Group
2297 Niels Bohr Court Suite 114
San Diego, CA 92154

RE: The tariff classification of Lubrajel® RC medical grade lubricant put up in a disposable plastic syringe from Mexico

Dear Mr. Zisser:

In your letter dated June 25, 2007, on behalf of your client, Avail Medical Products, Inc. (Avail), you requested a tariff classification ruling.

The product, Lubrajel® RC, is a medical grade pseudo-plastic gel that is designed specifically for use as a urological catheter lubricant. It may be applied to the catheter before packaging and sterilization, or it may be packaged into syringes for direct administration into the urethra. The syringe is a simple dispenser used to assist the medical practitioner in the application of the Lubrajel®. It is also suitable as a lubricant for thermometers, enema tips, colonoscopy scopes, etc., or for application directly to the skin for lubrication, moisturization or conditioning purposes. For such uses, it may also be packaged in a plastic squeeze tube or in a plastic tear-open pouch. Avail intends to import the Lubrajel® in the disposable plastic syringes.

The applicable subheading for the Lubrajel® RC will be 3006.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments.” The rate of duty will be 5 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 merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski

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