CLA-2-30:S:N:N7:238 811886
Mr. James Alberdi
A.J. Arango, Inc.
P.O. Box 75062
Tampa, FL 33675-5062
RE: The tariff classification of STOMADHEX oral bio-adhesive
patches, from France
Dear Mr. Alberdi:
In your letter dated May 25, 1995, resubmitted on June 15,
1995, on behalf of your client, Immunovet Inc., you requested a
tariff classification ruling.
The submitted samples, STOMADHEX oral bio-adhesive patches,
consist of small circular objects, each measuring 3/8" in
diameter, put up in a blister pack. According to the descriptive
literature, the product is used for dental hygiene for dogs and
cats. Each patch is composed of a polymer matrix containing
chlorhexidine, which, you claim, is active against the bacteria
in dental plaque, and the vitamin, nicotinamide (niacinamide),
which, you claim, is important in good oral hygiene. Although
the product is described as an "adhesive" patch, we note that it
does not have an adhesive layer. According to the directions for
use, the patch is placed on the inside surface of the animal's
upper lip, where it bonds, by "bio-adhesion", with the mucus
constituents present in the animal's mouth.
The applicable subheading for the subject product will be
3005.90.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for: "Wadding, gauze, bandages and similar
articles ... , impregnated or coated with pharmaceutical
substances or put up in forms or packings for retail sale for
medical, surgical dental or veterinary purposes: Other: Coated or
impregnated with pharmaceutical substances." The rate of duty
will be free.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, Maryland 20857, telephone number (301)
443-6553.
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,
Jean F. Maguire
Area Director
New York Seaport