CLA-2-39:S:N:N3G:221 862182

5601.22.0090

Ms. Kay Baitz
Pro-Lab Diagnostics
2111 Sam Bass Road #1200
P.O. Box 503
Round Rock, Texas 78664

RE: The tariff classification of pipettes and swabs from Italy.

Dear Ms. Baitz:

In your letter dated April 3, 1991, you requested a tariff classification ruling. Three samples were submitted with your request. The first is a transfer pipette, used in laboratory procedures to transfer liquid from one vessel to another. The pipette is made of polypropylene, molded in a one piece construction which forms a bulb at one end and tapers to a small diameter at the other end. When the bulb is squeezed and released, the specimen is aspirated into the tube. These pipettes may be sealed for freezing or used as transport tubes. The second sample is a transport swab for laboratory specimens. It is used to collect specimens from outpatients or hospital patients for transfer to a laboratory for testing. The swabs consist of either a metal, wood or plastic shaft, with a nylon, rayon or cotton tip for collection. The transport swab is housed in a plastic sleeve and contains a small amount of preservative type media for maintaining the specimen in a viable state. Though different types of media will be used, each one will contain some type of growth media such as agar.

The third sample is a general, or "dry," swab. The construction and use is similar to the transport swab, but no media is used with the product.

The applicable subheading for the polypropylene transport pipettes will be 3926.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics...laboratory ware. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the transport swabs, when containing growth media, will be 3821.00.0000, HTS, which provides for prepared culture media for development of microorganisms. The rate of duty will be 5 percent ad valorem.

The applicable subheading for the "dry" swabs containing a tip of cotton will be 5601.21.0090, HTS, which provides for other articles of wadding, of cotton. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the "dry" swabs containing a tip of rayon or nylon will be 5601.22.0090, HTS, which provides for other articles of wadding, of man-made fibers. The rate of duty will be 12.5 percent ad valorem.

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