CLA-2-30:S:N:N1-F:238 870395
Mr. Stanley R. Leacock
Helistand Distributors, Inc.
2144 Paget Circle
Naples, FL 33962
RE: The tariff classification of non-sterile, 100% cotton gauze,
folded into pads for use as laparotomy sponges, surgical
dressings and bandages, from Mexico.
Dear Mr. Leacock:
In your letter dated January 2, 1992, received on January 9,
1992, you requested a tariff classification ruling.
The submitted samples consist of various sizes of non-
sterile, 100% cotton gauze, which are folded into pads for use as
laparatomy sponges, surgical dressings and bandages. Optional
configurations contain an X-ray detectable thread. You state in
your letter that these items will be packaged in cellophane/poly
bags, which are then placed in cartons for shipment. Each carton
will then be marked with, among other things, the product name.
In a telephone conversation with a member of my staff, on January
9, 1992, you stated that the imported cartons will be sold to
wholesalers, who, in turn, sell them directly, without repacking,
to hospitals, etc.
The applicable subheading for the laparotomy sponges will be
3005.90.5010, Harmonized Tariff Schedule of the United States
(HTS), which provides for wadding, gauze, bandages and similar
articles ... put up in forms or packings for retail sale for
medical, surgical, dental or veterinary purposes: other: other:
laparotomy sponges. The rate of duty will be 7 percent ad
valorem. The applicable subheading for the surgical dressings
and bandages will be 3005.90.5090, HTS, which provides for
wadding, gauze, bandages and similar articles ... put up in forms
or packings for retail sale for medical, surgical, dental or
veterinary purposes: other: other: other. The rate of duty will
be 7 percent ad valorem.
Based upon international textile trade agreements, these
products are not currently subject to textile restraints.
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