CLA-2 CO:R:C:F 953256 GGD
Mr. Stephen L. Fodor
Kuehne & Nagel, Inc.
703 Sullivan Road
College Park, Georgia 30349
RE: "Quickpad Swab Dispenser;" Not wadding, gauze, bandages and
similar articles
Dear Mr. Fodor:
This letter is in response to your inquiry of December 15,
1992, on behalf of your client, Holtsch Corporation, concerning
the classification under the Harmonized Tariff Schedule of the
United States (HTSUSA), of an article identified as a "Quickpad
Swab Dispenser," to be imported from Germany. A sample was
submitted with your inquiry.
FACTS:
The article at issue consists of a plastic, non-refillable
container, with a snap-top lid, that measures approximately 1-
1/2 inch by 1-1/2 inch by 2-1/2 inches in height. The container,
which is considered packing, holds approximately 120 swabs, each
measuring approximately 1 inch square and premoistened with a
solution containing 70 percent isopropyl alcohol. Although the
inquirer has not indicated the fiber content, the swabs appear to
be constructed of spunbonded/thermically bonded, nonwoven, man-
made fiber. The swabs generally serve to wipe, clean, and
disinfect a small area of skin to be medically treated.
ISSUE:
Whether the item is properly classified in heading 3005,
HTSUSA, as wadding, gauze, bandages and similar articles; or in
heading 5603, HTSUSA, as nonwovens, whether or not impregnated,
coated, covered or laminated.
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LAW AND ANALYSIS:
Classification under the HTSUSA is made in accordance with
the General Rules of Interpretation (GRIs). The systematic
detail of the harmonized system is such that virtually all goods
are classified by application of GRI 1, that is, according to the
terms of the headings of the tariff schedule and any relative
Section or Chapter Notes. In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and
legal notes do not otherwise require, the remaining GRIs may then
be applied. The Explanatory Notes (ENs) to the Harmonized
Commodity Description and Coding System, which represent the
official interpretation of the tariff at the international level,
facilitate classification under the HTSUSA by offering guidance
in understanding the scope of the headings and GRIs.
Heading 3005, HTSUSA, 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. Although the "quickpad"
swabs are put up in forms or packings for retail sale for medical
purposes, they are not bandages, dressings, plasters, or
poultices. Gauze is a woven material while the swabs are
nonwoven. Wadding is a nonwoven material, but is unbonded and
ill-suited for cleaning uses. We also find that a solution
consisting essentially of isopropyl alcohol, with which the swabs
are impregnated, is not a pharmaceutical substance. In this
case, the alcohol is a cleansing agent. For the reasons noted
above, the article is not properly classified in heading 3005.
Heading 5603, HTSUSA, provides for nonwovens, whether or not
impregnated, coated, covered or laminated. Legal Note 1(a) to
Chapter 56, states that, among other items, the chapter does not
cover nonwovens impregnated, coated, or covered with substances
or preparations where the textile material is present merely as a
carrying medium. The EN to heading 5603, indicates that the
heading covers nonwovens in the piece, cut to rectangular
(including square) shape from larger pieces without other
working, whether or not presented folded or put up in packings
(e.g., for retail sale).
In this case, each nonwoven textile piece functions not
merely as a medium to carry the alcohol, but also as a scrubber
to lift non-sterile materials and organisms from the skin or
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other surfaces. Subheading 5603.00.9070, HTSUSA, covers other
nonwovens, whether or not impregnated, coated, covered or
laminated, of filaments, which is the proper classification for
this merchandise.
HOLDING:
The article identified as a "Quickpad Swab Dispenser," if as
described in the facts, is classified under subheading
5603.00.9070, HTSUSA, textile category 223, the provision for
"Nonwovens, whether or not impregnated, coated, covered or
laminated: Other: Other, Other nonwovens, whether or not
impregnated, coated or covered: Other: Of filaments." The
general column one duty rate applicable to this merchandise is
12.5 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division