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May 12, 1999

CLA-2-39:RR:NC:SP:221 E81229

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.5060; 6307.90.9989

Mr. Gary W. Timm
Acutek Adhesive Specialties
540 North Oak Street
Inglewood, CA 90302

RE: The tariff classification of adult and infant oximeter bandages from Ireland.

Dear Mr. Timm:

In your letter dated April 21, 1999, you requested a tariff classification ruling.

Sample bandages were provided with your letter. The “Pediatric/Infant Fabric Bandage” (Article Number 028605) is a medical tape used on infants and small children to secure a pulse oximeter sensor to the foot. This bandage or tape consists of a woven textile fabric with pressure sensitive adhesive on one side. Though this item is described as a bandage, it is not used to cover a wound. The bandage has two holes through which the metal sensor studs on the leads of a pulse oximeter can be inserted.

The “Pediatric/Infant Foam Bandage” (Article Number 028603) is similar to the Article Number 028605 above, except that is composed of polyvinyl chloride (PVC) foam with hypoallergenic acrylic adhesive instead of the textile fabric.

The “Adult/Neonatal Fabric Bandage” (Article 028914) and the “Adult/Neonatal Foam Bandage” ( 028112) are similar to the pediatric bandages above, except for differences in the lengths and widths of the bandages.

The applicable subheading for the PVC foam bandages (Article Numbers 028603 and 028112) will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics...other, other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the fabric bandages (Article Numbers (028605 and 028914) will be 6307.90.9989, HTS,, which provides for other made up articles of textile fabric, other. The rate of duty will be 7 percent ad valorem.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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