CLA-2-28:RR:NC:N2:236

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

RE: The tariff classification of Sterile Water

Dear Mr. Zisser:

In your letter dated July 31, 2007 on behalf of Avail Medical Products, Inc., you requested a tariff classification ruling.

You state in your letter that Avail medical Products, Inc. proposes to import sterile water packaged in a disposable plastic syringe. Your literature states that the sterile water has undergone both a reverse osmosis and deionized purification process and is suitable for use in multiple medical applications.

The applicable subheading for the sterile water packaged in a disposable plastic syringe will be 2853.00.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other inorganic compounds (including distilled or conductivity water and water of similar purity); liquid air (whether or not rare gases have been removed); compresses air; amalgams, other than amalgams of precious metals: Other. The rate of duty will be 2.8 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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division