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NY K83127




February 17, 2004
CLA-2-30:RR:NC:2:238 K83127

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090; 3005.10.1000; 3005.10.5000

Mr. Alex Blackman Jr.
Coloplast Corporation
1955 West Oak Circle
Marietta, GA 30062-2249

RE: The tariff classification of SeaSorb® Soft Alginate Filler (Item No. 3740), Contreet® Hydrocolloid Dressing with silver (Item No. 9610), Biatain® Adhesive Dressing (Item No. 3420), and Comfeel® Plus Hydrocolloid Triangle (Item No. 3285) from Denmark

Dear Mr. Blackman:

In your letter dated January 28, 2004, you requested a tariff classification ruling.

The first product, SeaSorb® Soft Alginate Filler (Item No. 3740), consists of a sterile wound dressing composed of calcium alginate. The dressing measures 17.5” x 1”, and is put up packed for retail sale in a sealed plastic container. When in contact with wound exudate, it forms a very soft and cohesive gel, ensuring removal in one piece. The dressing is used for sloughy wounds and deep cavity wounds.

The second product, Contreet® Hydrocolloid Dressing with silver (Item No. 9610), consists of a sterile hydrocolloid wound dressing impregnated with hydroactivated silver. The dressing is self-adhesive, measures 4” x 4”, and is put up packed for retail sale in a sealed, foil packet. The product is stated to combine sustained antibacterial activity (upon formation of silver ions) with exudate management and moist wound healing.

The third product, Biatain® Adhesive Dressing (Item No. 3420), consists of a sterile adhesive wound dressing with a soft, foam pad. It measures 4” x 4”, and is put up packed for retail sale in a sealed, plastic packet. The dressing is indicated for use with medium to highly exuding wounds.

The fourth product, Comfeel® Plus Hydrocolloid Triangle (Item No.3285), consists of a sterile transparent hydrocolloid dressing put up packed for retail sale in a sealed, plastic packet. The dressing approximates the shape of a triangle, and has a grid pattern on its surface to facilitate inspection and measurement of the wound without removal. The dressing is stated to facilitate the healing of acute and chronic wounds, where maintenance of a moist wound environment is indicated.

The applicable subheading for the SeaSorb® Soft Alginate Filler (Item No. 3740) 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.

The applicable subheading for the Contreet® Hydrocolloid Dressing with silver (Item No. 9610) will be 3005.10.1000, 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: Adhesive dressings and other articles having an adhesive layer: Coated or impregnated with pharmaceutical substances.” The rate of duty will be free.

The applicable subheading for the Biatain® Adhesive Dressing (Item No. 3420), and Comfeel® Plus Hydrocolloid Triangle (Item No. 3285) will be 3005.10.5000, 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: Adhesive dressings and other articles having an adhesive layer: Other.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-443-6332.

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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