CLA-2-96:OT:RR: NC:4:434
Mr. Luc Belda
Lansinoh Laboratories
99 Canal Center Plaza
Alexandria, VA 22314
RE: The tariff classification of a postpartum bleeding kit from China
Dear Mr. Belda:
In your letter, dated March 12, 2024, you requested a tariff classification ruling on a postpartum bleeding kit. Samples, detailed descriptions, and photos of the items were submitted for our review.
The item under consideration is a Postpartum Bleeding Kit which consists of the following items packaged together for resale:
You describe the pads as made of non-woven textile, fluff pulp, SAP and glue. They measure approximately 13 x 17.
Per your description, the thick absorbent pads are made of a non-woven textile cover, fluff pulp and SAP core, and glue. They measure approximately 15.5 in length and have wings on the sides. Adhesive strips on the underside allow for securing them to the underwear.
All the items above are used in conjunction to catch postpartum blood for a woman who has recently given birth.
We must determine whether the items packaged together meet the tariff definition of a set. The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) constitute the official interpretation of the tariff at the international level. EN X to General Rule of Interpretation (GRI) 3(b) provides: for the purposes of this Rule, the term "goods put up in sets for retail sale" shall be taken to mean goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards). Sets are classified according to the component, or components taken together, which can be regarded as conferring on the set as a whole its essential character.
The postpartum bleeding kit consists of multiple articles classifiable under separate headings; the underwear is classifiable in heading 6210, the bed pads in heading 4818, and the insert pads in heading 9619. They are packaged together for retail sale. The components of the kit carry out a specific activity, that of absorbing postpartum blood. This kit therefore meets the term goods put up in sets for retail sale.
We find that the absorbent insert pads confer the essential character of the set. The insert pads predominate by quantity, bulk, weight and role (no value breakdown was provided). In turn, the insert pads are composite goods made up of multiple materials. It is the fluff pulp that confers the essential character, and therefore the classification of the insert pads themselves.
The applicable subheading for the postpartum bleeding kits will be 9619.00.1100, HTSUS, which provides for Sanitary pads (towels) and tampons, diapers (napkins), diaper liners and similar articles, of any material: Of paper pulp. 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 the World Wide Web at https://hts.usitc.gov/current.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9619.00.1100, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, 9903.88.15, in addition to subheading 9619.00.1100, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.
For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect.
In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Charlene Miller at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division