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NY I85649





September 16, 2002

CLA-2-30:RR:NC:2:238 I85649

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

William C. Shayne, Esq.
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of Bias-Cut Stockinette, imported put up in cardboard dispenser boxes, from China

Dear Mr. Shayne:

In your letter dated August 28, 2002, on behalf of your client, Rx Textiles, you requested a tariff classification ruling.

The submitted sample consists of a cardboard box containing a 50-yard roll of non-sterile,100% cotton, 3-inch-wide, bias-cut, stockinette fabric. You indicate that the stockinette will also be produced in a blend composed of 50% cotton and 50% polyester, and will be sold to hospitals and orthopedic clinics for primary use as a wrap, over fractures, and under an immobilizing device, such as a splint. In this regard, we note that your client’s website page for “Casting Supplies” in fact indicates that “[B]oth styles (i.e., cotton and synthetic) of stockinette make soft comfortable liners under casts,” and that “[S]izes 1” to 14” (are) available.” Finally, you indicate in your letter that the cardboard dispenser (in which the 50-yard roll of stockinette is housed) constitutes the immediate retail packaging, and will remain intact upon delivery to the end-users (i.e., hospitals and clinics). Pursuant to your request, the submitted sample is being returned.

The applicable subheading for the subject product will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), 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.” 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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