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NY I87699




November 22, 2002

CLA-2-30:RR:NC:2:238 I87699

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Daniel Shapiro, Esq.
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of Bias-Cut Stockinette in CSR Wrap from China

Dear Mr. Shapiro:

In your letter dated November 12, 2002, on behalf of your client, Rx Textiles, Inc., you requested a tariff classification ruling.

The submitted sample (which is being returned as requested) consists of a 4”-wide roll of bias-cut stockinette fabric which, you indicate, will be composed of 100% cotton or a blend of 50% cotton and 50% polyester. The fabric is wrapped in a 15”-square piece of blue, disposable, CSR sterilizer wrap, the outer surface of which bears an adhesive label that also functions to contain the fabric within the wrapping material. The principal uses claimed for the subject product include as a dressing for vein ligations, in plastic surgery procedures, and as a pressure dressing for burns. You represent that , with respect to the aforementioned applications, “[t]he stockinette will dress the wound area.”

You state in your letter that, subsequent to importation, the CSR-wrapped bias-cut stockinette (i.e., the imported product) will be placed in an airtight pouch and subjected to sterilization, by means of radiation, at various facilities around the country, prior to delivery to end-users (in this case, hospitals). You assert that “Notwithstanding this irradiation process, the CSR wrap, the most immediate packaging for the stockinette, will not be manipulated or altered in any respect even during post importation sterilization.”

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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