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NY 875014


June 8, 1992

CLA-2-30:S:N:N1-F:238 875014

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Ms. Sarita W. Tao
Lorrex Health Products
301 Penhorn Avenue
Secaucus, NJ 07094

RE: The tariff classification of Tracheostomy Sponge Sets from The People's Republic of China.

Dear Ms. Tao:

In your letter dated May 28, 1992, you requested a tariff classification ruling.

The submitted sample, catalog number 880-4412, is a non- sterile, tracheostomy sponge set, consisting of one (4" x 4") tracheostomy sponge, four (4" x 4") gauze sponges, and one piece of cotton twill tape, measuring 30" in length, which serves as a tie to keep the sponges in place on the patient. You state that the trach sets are exclusively intended for sale directly, without repacking, to users for use for medical and surgical purposes. You also state that the user, subsequent to taking delivery of the trach sets, may assemble them with other products to produce a tracheostomy care kit, which would then be autoclaved to sterilize all the components - including the trach set.

The applicable subheading for this product will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for wadding, gauze, bandages and similar articles ... impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: other: other: other. The rate of duty will be 7 percent ad valorem. Based upon international textile trade agreements, this merchandise is not presently subject to a visa requirement or import restraints.

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

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