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NY F86825




June 2, 2000

CLA-2-30:RR:NC:2:238 F86825

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Mr. Zalman Tenenbaum
Dynarex Corporation
One International Boulevard
Brewster, NY 10509

RE: The tariff classification of two dressings from China

Dear Mr. Tenenbaum:

In your letter dated March 22, 2000, resubmitted May 4, 2000, you requested a tariff classification ruling.

The first submitted sample consists of a sealed, paper packet (pouch) containing a single, sterile dressing. The dressing measures 8” x 10”, and has a light-blue, X ray-detectable element permanently attached to it. The dressings, which are described on the product information sheet as “[S]urgical Pads (Abdominal Pads),” are constructed from “[N]atural high grade pulp (and) polypropylene Spunbounded Non-woven (fabric).”

Among other things, the label printed on the packet describes the dressing as a “[S]terile Combine Pad,” which is “[S]terile unless (the) pouch is opened or damaged.” The label also gives the reorder number, i.e., “3503,” and states that the dressing is “[M]ade in China, Sterilized in USA.” In this regard, you indicate that, in its condition as imported, each dressing will be imported put up in its own individually sealed packet, then subjected to sterilization after importation - without being removed from the sealed packet - prior to reaching the end user(s).

The second submitted sample consists of a sealed, transparent, plastic pouch containing a single, sterile dressing. The dressing measures 12” x 30”, and has a light-blue, X ray-detectable element permanently attached to it. The dressing, which is described on the product information sheet as a “[M]ulti-Trauma Dressing,” is constructed from “[C]otton Pulp (and) Tissue Paper (and) polypropylene spunbounded Non-woven (fabric).”

The pouch has a paper label securely affixed to its outside surface, which, among other things, describes the product as a “[S]terile Multi-Trauma Dressing,” and supplies the reorder number, i.e., “3532.” Like the first product, you indicate that, in its condition as imported, each dressing will be imported individually put up in its own sealed packet, which, subsequent to importation, will then be subjected to sterilization - without being removed from the sealed packet - prior to reaching the end user(s).

Unlike the label for the first submitted sample, the label for the second submitted sample bears no country of origin marking. In this regard, we remind you that, pursuant to Part 134, Subpart B, Section 134.11 of the Customs Regulations, “[U]nless excepted by law, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States.”

The applicable subheading for the two submitted samples will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for "[W]adding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), 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 free.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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