The tariff classification of a glass mirror, a plastic vial holder, and a medical instrument from China

NY K89230 September 29, 2004 CLA-2-70:RR:NC:1:126 K89230 CATEGORY: Classification TARIFF NO.: 7009.92.1000, 3926.90.9880, 9018.90.8000 Mr. Kevin Egan E. Besler & Company 115 Martin Lane Elk Grove Village, Illinois 60666-0361 RE: The tariff classification of a glass mirror, a plastic vial holder, and a medical instrument from China Dear Mr. Egan: In your letter dated September 1, 2004, on behalf of two related clients, Qintaedge Inc. and BDA Worldwide Inc. you requested a tariff classification ruling regarding three products. The first product is described as “Personal Foot Exam Mirror”. It consists of a lighted, 2 X magnifying glass mirror in a plastic frame. The reflecting glass surface measures approximately 6 inches by 3.5 inches. The mirror is attached to a plastic pull out base that can be positioned at any angle. It has a port on side which can accommodate a disposable 5.07 monofilament probe. According to the brochure that was submitted with your letter, the mirror is designed to allow a diabetic to examine his or her feet and test for diabetic peripheral neuropathy. You stated in a telephone conversation with this office that you will only be importing the foot exam mirror. The 5.07 monofilaments will be imported separately. The applicable subheading for the “Personal Foot Exam Mirror” will be 7009.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass mirrors, whether or not framed, including rear-view mirrors: other: framed: not over 929 square centimeters in reflecting area. The rate of duty will be 7.8 percent ad valorem. The second product is described as "Insu-Load." The article is designed for use by diabetics in preparing their injections. It is essentially a plastic holder that stabilizes a vial of insulin while it is being loaded into a syringe. According to the brochure that was submitted with your letter, the "Insu-Load" consists of a soft foam vial holder that incorporates an acrylic magnifying column. It has no moving parts. The foam holder protects the insulin vial from accidental breakage and centers the syringe to facilitate loading and eliminate needle exposure. The magnifying column magnifies syringe markings to help the visually impaired measure insulin correctly. It can accommodate 30, 50 and 100 unit syringes. You stated in your letter that the syringe, vials and needles are not included with this product. The applicable subheading for the “Insu-Load” will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. The last product is described as “Tactile Circumferential Discriminator”. A prototype sample was submitted and will be returned to you as requested. The article is about the size of a hockey puck, but has eight “pipes” sticking out around the perimeter. Each pipe is about .8 inch long and each is capped with a metal cylinder. These cylinders progress from about .1 inch to about .5 inch in diameter. A physician presses them, in turn, against the patient’s foot or hand. From the patient’s responses to questions about what they feel, the physician can screen patients for sub-clinical neuropathy of the fingers and toes and, of used over time with the same patient, can document quantitative changes in the patient’s sensory threshold. The applicable subheading for the “Tactile Circumferential Discriminator” will be 9018.90.8000, HTS, which provides for “other” instruments and appliances used in medical, surgical, dental, or veterinary sciences and parts and accessories thereof. The rate of duty will be free. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division