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NY H86758




May 8, 2002

CLA-2-:67RR:NC:TA:350 H86758

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Daniel Shapiro
Thompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of stockinette material for medical use from China.

Dear Mr. Shapiro:

In your letter dated December 21, 2001, on behalf of Rx Textiles, Monroe, North Carolina you requested a tariff classification ruling.

A representative package of the good in question was submitted and is returned herewith per your request. There is no particular name or quality style number ascribed to this product.

The product in question is known as “stockinette.” It is a sleeve of a tubular knit construction of either 100% cotton or 100% polyester. You write that the stockinettes will be imported and sold in single and double ply in widths (flat lie) generally from 2 to 12 inches and in lengths from 12 to 96 inches. It is sealed (closed) at one end by sewing. Cutting a length twice as long as desired, stitching across the middle then inverting the seam through one half of the sleeve makes the double ply sleeves.

Each stockinette will be individually packaged in CSR (Central Supply Room) wrap, which is a standard spunbonded nonwoven type textile material. The packages will be shipped in up to 100 per master carton. They will not be sterilized prior to importation.

You write that the stockinette will be used to cover an entire extremity, including the area that is subject to a surgical operation (“wound area”). That doctors will cut a hole in the stockinette around the wound area to encase this area in a sterile environment and prevent the risk of infection.

You had suggested that these goods are properly classifiable under subheading 3005.90.5090 as other bandages. In a conference with the National Import Specialist for this Tariff Heading, it was acknowledged that the instant product is not properly classifiable as a bandage. It is not a bandage in that it is not intended for placement over a wound or as an under-cast liner. This position is expressed in Customs informed compliance publication What Every Member of the Trade Community Should Know About: WADING, GAUZE, BANDAGES, AND SIMILAR ARTICLES.

Although there is some suggestion that the product could be considered as a surgical drape there is a wealth of Internet literature that distinguishes the exact nature and specific use of “surgical drapes” as to the multi faceted applications of “stockinnettes.” Although some stockinettes may be used during surgery, they are usually used in conjunction with some sort of sterile protective drape.

Further, the Rx Textiles web site lists stockinette under a number of heading. The goods may come open ended in 25 yard rolls of various widths as well as being listed under both orthopedic and surgical headings. The goods of one heading are not readily distinguishable from the goods of the other headings.

As discussed in a subsequent phone call on May 25th that because of the many and diverse applications of the stockinette the products with one end sewn closed (sealed) will be considered made up textile articles. Such goods are not subject to any textile restraints.

The applicable subheading for the made up (one end sewn shut) stockinettes will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles. 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 George Barth at 646-733-3044 or National Import Specialist Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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