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NY I84208




August 1, 2002

CLA-2-63:RR:NC:N3:351 I84208

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Lawrence R. Pilon
Hodes Keating & Pilon
39 South LaSalle St.
Chicago, IL 60603-1731

RE: The tariff classification of a bilateral facial icepack from China.

Dear Mr. Pilon:

In your letter dated July 16, 2002, you requested a ruling on behalf of International Medsurg Connection, Inc.,of Schaumberg, IL, on tariff classification.

You submitted a sample of the item. Unfolded, it is 36” x 5” (approximately), constructed of non-woven textile material, with two pouches formed on the inner surface, each of which closes with a plastic clamp. The pouches are designed to hold icepacks; when the item is wrapped around the head and fastened with the hook-and-loop fastener, the icepacks apply cold therapy to a patient in the treatment of facial trauma.

These items will be marketed exclusively to health care providers. They will be imported without any icepacks, in individually packaged in cases of 24 per case and sold to health care providers in these cases of 24.

Your sample will be returned as requested.

In your letter, you state your belief that the bilateral facial icepack is classifiable in subheading 3005.90.5090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Wadding, 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.”

However, Customs has ruled on numerous occasions that a bandage is essentially a piece of material applied to a body part to make compression, absorb drainage, prevent motion, retain surgical dressing, or lend support to a wound. We find that this item, while it may be applied to a wound, does none of the functions enumerated above. The ruling you cite, C88157, dated June 9, 1998, concerned merchandise that was a composite good; in addition to incorporating pouches for a gel pack or ice, it acted as an actual bandage by dressing the wound and controlling bleeding.

The applicable subheading for this product will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up articles, including dress patterns; Other; Other: Other: Other: Other.” The general rate of duty will be seven 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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