CLA-2-39:S:N:N3:119 A86340
Mr. Donald S. Simpson
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153
RE: The tariff classification of ostomy appliances from France
Dear Mr. Simpson:
In your letter dated August 5, 1996, you requested a tariff
classification ruling on behalf of B. Braun Medical, Inc.,
Bethlehem, PA.
The articles to be imported are plastic colostomy, ileostomy and
urostomy pouches used to collect waste material from the gastrointestinal
or urinary tract through a surgical opening in the abdomen (stoma). Parts
of these pouches, such as plastic lock rings, clamps and rings, will also
be imported either together or separately.
The applicable subheading for the colostomy, ileostomy and urostomy
pouches and parts thereof will be 3926.90.2000, Harmonized Tariff Schedule
of the United States (HTS), which provides for other articles of
plastics... other... Ice bags; douche bags, enema bags, colostomy bags, hot
water bottles, and fittings therefor... The rate of duty will be 4.2
percent.
The ostomy appliances described above are eligible for free entry under
the provision for articles specially designed or adapted for the use or
benefit of the blind or other physically or mentally handicapped persons;
parts and accessories (except parts and accessories of braces and
artificial limb prosthetics) that are specially designed or adapted for use
in the foregoing articles... other, in subheading 9817.00.96, HTS. All
applicable entry requirements must be met including the filing of form ITA-
362P.
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have
been filed without a copy, this ruling should be brought to the attention
of the Customs officer handling the transaction.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division