CLA-2-30:S:N:N1-F:238 867641

Mr. Joel K. Simon
Serko & Simon
One World Trade Center - Suite 3371
New York, NY 10048

RE: The tariff classification of opacifying preparations for X- ray examinations, and medicaments, consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale, from Australia.

Dear Mr Simon:

In your letter dated September 4, 1991, resubmitted on October 2, 1991, on behalf of your client, Smith and Nephew Diagnostics of Blacktown, Australia, you requested a tariff classification ruling.

Rapid C is an "all purpose" barium sulfate product, which is used for the single contrast examination of the G.I. tract. Rapid C bulk consists of 1.2 kg. of powder in a 2 litre container, and, depending on the degree of dilution, can be used for esophageal swallow, filled stomach and enteroclysis, as well as filled colon examinations. It comes in unit dose packaging consisting of either 6.2 ounces of powder in a 400 ml turbo flask, for single contrast upper G.I. examination, or 16 ounces of powder in a CAU bag, for single contrast lower G.I. examination. The 16 ounce powder has a 5/16" tubing set and a straight, flexible tip.

Readi-C is a "ready to use" barium sulfate suspension for double contrast examination of the colon. It is a stable, low viscosity suspension with high density barium sulfate. It allows fast filling and draining, producing a high density coating of the colon. The 750 ml liquid comes in a CAU bag with 1/2" tubing and cuffed flexible tip.

Single C is a "ready to use" barium contrast media for single contrast examination of the upper G.I. tract and follow- through examinations of the small intestine. It comes in unit dose packaging consisting of either 12 ounces of liquid in a turbo flask or 20 ounces (600 ml) of liquid in a CAU bag with 5/16" tubing and a straight, flexible tip. It also comes packed in 2 litre containers.

Max C, a high contrast barium meal, is a water-dispersible barium sulfate powder formulation packaged in a shake/drink flask. It is administered orally.

Negative C is a negative contrast system for use with the Max C meal. Part 1 is a bicarbonate solution and part 2 is a citric acid solution. These two liquids are swallowed separately and, when they meet in the stomach, react to produce carbon dioxide.

Scan C is a free-flowing barium sulfate suspension used for opacifying the G.I. tract during C.T. Scan examinations. It can be taken orally or through an enema bag.

Quick C enema unit dose is a dilutable, stable suspension of barium sulfate for double contrast enemas. It is used to coat the large colon. It comes packed in 1 liter bottles (500 mls of concentrate per bottle) and is applied by transferring the contents to a disposable enema unit.

The Quick C enema colon administration unit is used to administer double contrast enemas. It comes in two types of packaging, both of which contain a dilutable, concentrated, stable suspension of barium sulfate used to coat the large colon. The first type consists of a CAU bag, with tubing only and without a rectal tip, containing 500 mls of Quick C Liquid Enema; the second type consists of a CAU bag, complete with air inlet and tip, which also contains 500 mls of Quick C Liquid Enema.

Entero C kit is a system for small bowel enteroclysis and is used for small barium sulfate enemas. Part 1 consists of a low viscosity stable suspension of ultra fine particle size barium sulfate with a charged suspension system. Part 2 is a water solution of the pharmacopia grade polymer poly [1-(2 oxy-1- pyrrolidinyl) ethylene]. It is also known as povidine and methyl cellulose. Each part is supplied complete with hand pumps and luer lock fittings for convenient connection to a small bowel catheter.

Liquid C is a "ready to use" barium sulfate contrast media for single contrast upper G.I. tract and small bowel follow- throughs after barium meals. It can be taken orally or rectally according to the degree of dilution. The applicable subheading for Rapid C, Readi-C, Single C, Max C, Scan C, Quick C unit dose, the Quick C enema colon administration unit, the Entero C kit, and Liquid C will be 3006.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for opacifying preparations for X-ray examinations; diagnostic reagents designed to be administered to the patient: other. The rate of duty will be 6.9 percent ad valorem.

The applicable subheading for Negative C will be 3004.90.6090, HTS, which provides for medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other. The rate of duty will be 6.3 percent ad valorem. 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 (202) 443-3380. 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