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NY K81151




December 1, 2003
CLA-2-30:RR:NC:2:238 K81151

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Ms. Estelle Lee
TL Care
P.O. Box 77087
San Francisco, CA 94107

RE: The tariff classification of cotton gauze sponges (Product #2216), nonwoven sponges (Product #2375), and a soft-band bulky bandage (Product #6964) from China

Dear Ms. Lee:

In your letter dated November 11, 2003, you requested a tariff classification ruling.

The first submitted sample, designated as Product #2216, consists of 2” x 2”, sterile gauze sponges composed of 100% cotton, loosely woven fabric. The sponges are put up in sealed paper packets, each containing two sponges

The second submitted sample, designated as Product #2375, consists of 4” x 4”, sterile sponges composed of 70% polyester, 30% rayon, nonwoven fabric. The sponges are put up in sealed paper packets, each containing two sponges.

The third submitted sample, soft-band bulky bandage (Product #6964) designated as Product #6964, consists of a sterile, 4” x 84” roll of loosely woven fabric composed of 100% cotton. The bandage is put up packed in a package composed of clear plastic sealed to a paper backing.

Based on the submitted samples, it is our determination that the three subject products are exclusively intended for sale directly, without re-packing, to users (private persons, hospitals, etc.) for use for medical, surgical, dental or veterinary purposes. Explanatory Note 30.05, HTS.

The applicable subheading for the three submitted samples 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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