NY 853344
JUL 11 1990
CLA-2-30:S:N:N1:238 853344
Mr. Steven B. Lehat
Sheldon and Mak
201 South Lake Avenue, Suite 800
Pasadena, CA 91101
RE: The tariff classification of a Sperm Select System from
Denmark and Sweden.
Dear Mr. Lehat:
In your letter dated June 5, 1990, on behalf of Select
Medical Systems, Inc. (Select), you requested a tariff
classification ruling.
The Sperm Select System is primarily intended for
preparation of sperm for intrauterine insemination. The system
is put up in retail packaging and consists of a measured dose of
sodium hyaluronate in a kit containing buffer solution, needles,
syringes and a support tube. The system is used by adding the
contents of the buffer solution to the sodium hyaluronate and
then injecting 1 ml of fresh ejaculate into the bottom of the
vial, incubating the vial for 45 minutes at 37 C in a block
heater which causes the sperm to migrate up through the solution,
with the most motile sperm gathering at the top. At the end of
the incubation period, the top 0.5 ml of the solution containing
the processed sperm is drawn off and then used for insemination.
The applicable subheading for the Sperm Select System will
be 3004.90.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for Medicament (excluding goods of heading
3002,3005 or 3006) consisting of mixed or unmixed products for
therapeutic or prophylactic uses, put up in measured doses or in
forms or packings for retail sale, other, containing antigens or
hyaluronic acid or its sodium salt. The rate of duty will be
Free.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, Maryland 20857, telephone number (202)
443-3380..
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport