CLA-2-63:OT:RR:NC:TA:350
Ms. Carol Robertson
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097
RE: The tariff classification of a disposable OPT-Shield SUPINE Safe Patient-Handling System, for use during surgical procedures, from China.
Dear Ms. Robertson:
In your letter dated June 14, 2013, on behalf of BCG Medical LLC, you requested a tariff classification ruling. A sample of all seven components was provided with your request letter.
The instant sample was described as an “OPT-Shield SUPINE, Safe Patient-Handling System” which contains seven individual components as follow:
The Opt-Shield Supine Drape is stated to have a backing layer of woven nylon fabric and a face layer composed of spunbonded (nonwoven) polypropylene textile fabric. The materials are secured together with an over-locking stitch at the edges. The drape contains several sizeable sewn on nonwoven panels. The sheet also incorporates arm pads of foam which have been laminated on one side only to a textile fabric. This drape has hook and loop fasteners to keep the patient’s arms secured as well as for intravenous access, arterial lines and central lines. In addition, there are elastic bands sewn at each corner to secure the drape to the table.
The Opt Shield Protection Sheet, measuring 5 feet by 4 feet, is stated to be composed of spunbonded (nonwoven) melt blown polypropylene man-made fiber material. It is roughly rectangular in shape but has a slit to accommodate the sheet being able to cover part of the table as well as the extended arms of the table.
Two Arm Board Covers that are of similar construction to the Protection Sheet mentioned above. The Arm Board Covers are sewn along the edges and incorporate sewn in tie straps of the same nonwoven material.
One foam pad that is designed to keep the head and neck stationary during surgery.
One instruction sheet.
One label.
Your letter indicates that these individual components operate in conjunction with one another in the operating room and are intended to cover the operating table, protect the patient’s arms, and secure all critical lines and tubes. Specifically, the Opt Sheet (Protection Sheet) and Arm Board covers are designed to be used in tandem with the Opt Shield Supine. They protect the main Opt-Shield from being soiled from blood and body fluids during surgery. The Opt Shield Supine is used in the operating room like a surgical drape. That is, it covers the operating table and is under the patient during the entire surgery. In addition, there is a polyurethane foam pad that is shaped to keep the neck and head of the patient stationary during the surgery. These items will be imported as packaged sets for immediate retail sale to the medical end users.
The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the Opt Shield Supine Safe Patient Handling System to be a set for tariff classification purposes, with the essential character imparted by the OPT Shield Supine Drape.
The applicable subheading for the product as a complete set will be 6307.90.6800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles, including dress patterns: surgical drapes, other, spunlaced or bonded fiber fabric disposable surgical drapes of man-made fibers. The duty rate is Free.
Additionally, you seek the tariff classification of the component parts if imported separately. Classification would be as follows:
The Opt-Shield Protection Sheets, Arm board covers and the Opt-Shield Supine Drape are classifiable in tariff subheading 6307.90.6800, HTSUS, which provides for other made up articles, including dress patterns: surgical drapes: other, spunlaced or bonded fiber fabric disposable surgical drapes of man-made fibers. The duty rate is Free.
The polyurethane foam pad is a roughly U-shaped support designed to help keep the body straight during supine surgery. The pad is made of three pieces of foamed polyurethane glued to form a headrest measuring 9 inches in length by 8 inches in width, tapering from 2 inches in thickness at the center to 4 inches in thickness at the outermost sides and incorporating a hole towards the center. The pad acts as a cradle that supports, positions and stabilizes the head and neck to keep them stationary during surgery.
The applicable subheading for the polyurethane foam pad will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.
The instruction sheet is classifiable in tariff subheading 4911.99.8000, HTSUS, which provides for other printed matter, other, other, other, other. The duty rate is Free.
We will not be able to provide a tariff classification for the label as the label affixed to the drape was constructed from woven textile material of unspecified man-made fibers while the submitted label in the sample box was paper. We need to know exactly what the construction and composition of any label imported separately will be.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Deborah Walsh at (646) 733-3044.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division