CLA-2-30:OT:RR:NC:N2:238
Mr. Gregory Harris
V. Alexander & Company, Inc.
P.O. Box 291929
Nashville, TN 37229-1929
RE: The tariff classification of various ostomy accessories
Dear Mr. Harris:
In your letter dated November 9, 2009, you requested a tariff classification ruling. Samples submitted with this request will be retained by this office for reference.
The following products, style # 7300 adjustable belt, style # 3702 skin barrier, style # 7700 skin barrier and style # 7805 barrier ring are ostomy accessories. Style #7300 is an adjustable belt consisting of 77% polyester, 17% lycra, and 6% nylon. The belt attaches to the ostomy pouch and securely holds the pouch firmly in place. Style # 3702 skin barrier and style # 7700 skin barrier are plastic skin barriers made of flexible material and sticky on both sides. It is used to protect the skin from irritating stomal discharge. Style # 7805 is a plastic adapt barrier ring that is sting free and is used as an alternative to paste to improve the fit of the skin barrier.
The applicable subheading for the various ostomy accessories, style # 7300 adjustable belt, style # 3702 skin barrier, style # 7700 skin barrier and style # 7805 barrier ring will be 3006.91.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Pharmaceutical goods specified in note 4 to this chapter: Other: Appliances identifiable for ostomy use.” The rate of duty will be 4.2 % ad valorem.
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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
You also requested a Schedule B Number for these items. We refer you to General Statistical Note 5 to the HTSUS. However, if you wish to obtain a classification for importation into Canada, there is a list of addresses at the U.S. Customs and Border Protection website at www.cbp.gov (click on Trade, Trade Programs, International Agreements, International Free Trade Agreements, North American Free Trade Agreement, Advance Rulings) from which advance rulings for exports into Canada can be requested.
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 Harvey Kuperstein at (646) 733-3033.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division