CLA-2-63:RR:NC:TA:350 M84375
Mr. Lawrence R. Pilon
Hodes Keating & Pilon
39 South LaSalle Street, Suite 1020
Chicago, IL 60603-1731
RE: The tariff classification of a disposable surgical drape, from China.
Dear Mr. Pilon:
In your letter dated June 12, 2006, on behalf of International Medsurg Connection, Inc., you requested a tariff classification ruling.
The instant sample, as described in your correspondence, consists of a disposable surgical drape, which is designed to be placed under a patient’s buttocks during various obstetrical procedures. It is a single use item intended primarily to reduce the risk of contamination from blood and other bodily fluids during the birthing process.
The drape measures approximately 44-inches in length and 39-inches wide. It is composed of both high-density polyethylene plastic and synthetic (i.e., man-made fiber) nonwoven textile absorbent material. This nonwoven portion is affixed to the middle of the drape. This layer, according to your letter, has been formed on a base of paper and is backed with a layer of clear plastic. This layer not only absorbs any liquids expelled during a surgical procedure, but provides a degree of comfort to the patient as well. The clear plastic backing provides a barrier for fluid leakage.
Attached to one end of the absorbent nonwoven section, is a clear plastic cone-shaped bag. This bag is composed of clear high-density polyethylene plastics. It is used to channel fluids away from the patient and health care personnel during the obstetric/c-section procedure. Additionally, it contains a small, three inch diameter, circular opening at the bottom end. This bag also contains a reinforced lip that permits the pouch to remain open during the procedure. The blue polyethylene layer is used as a barrier for fluid leakage and to keep the sterile field uncompromised during any procedures.
You provided the following table, which provides a complete breakdown of the drape’s component materials by weight and value.
Material Breakdown
(by Weight %)
Material Breakdown
(by Value %)
IMC-4564 (Large Back)
Blue Polyethylene
57%
50%
Clear Polyethylene
23%
25%
Absorbent Material
20%
25%
IMC-4554 (Standard)
Blue Polyethylene
30%
23%
Clear Polyethylene
40%
38%
Absorbent Material
30%
38%
The applicable subheading for the product will be 6307.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles...surgical drapes, of fabric formed on a base of paper or covered or lined with paper. The rate of duty will be Free.
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,
Robert B. Swierupski
Director,
National Commodity
Specialist Division