CLA-2-63:OT:RR:NC:N3:351
Mr. Nick Laviola
Tronex International
300 International Drive
Mount Olive, NJ 07828
RE: The tariff classification of textile bandages from China
Dear Mr. Laviola:
In your letter dated November 1, 2024, you requested a tariff classification ruling. Samples were submitted with your request and will be retained for training purposes.
Item #1, described as a Tronex Single Self-Closure, EBV Series, is a non-sterile textile elastic bandage intended to be used for general-use support and moderate compression applications. The bandage is composed of 85 percent polyester and 15 percent spandex woven fabric. The bandage features a hook and loop fastener sewn with an overlock stitch on one end. The other end is finished with an overlock stitch. The item code will be delineated by the size of the bandage: EBV562ON (2 inches in width by 5 yards in length); EBV562IN (3 inches in width by 5 yards in length); EBV5622N (2 inches in width by 5 yards in length); EBV5623N (6 inches in width by 5 yards in length). Each bandage roll is imported ten per box.
Item #2, described as a Tronex Dual Self-Closure, EBD Series, is a non-sterile textile elastic bandage intended to be used for general-use support and high compression applications. The bandage is composed of 75 percent polyester, 15 percent spandex, and 10 percent cotton woven fabric. The bandage features a hook-and-loop fastener sewn with an overlock stitch on each end. The item code will be delineated by the size of the bandage: EBD5700N (2 inches in width by 5 yards in length); EBD5711N (3 inches in width by 5 yards in length); EBD5722N (4 inches in width by 5 yards in length); EBD5733N (6 inches in width by 5 yards in length); EBD5744N (4 inches in width by 10 yards in length); EBD5755N (6 inches in width by 10 yards in length); and EBD5766N (6 inches in width by 15 yards in length). The bandage roll having a length of 5 yards will be imported ten per box and the bandage rolls having lengths of 10 and 15 yards will be imported four per box.
Item #3, described as a Tronex Dual Self-Closure, EBS Series, is a sterile textile elastic bandage intended to be used on open wounds, post-surgical sites, or any situation where infection control is critical. The bandage is composed of 75 percent polyester, 15 percent spandex, and 10 percent cotton woven fabric. The item code will be delineated by the size of the bandage: EBS6420S (2 inches in width by 5 yards in length); EBS6421S (3 inches in width by 5 yards in length); EBS6422S (4 inches in width by 5 yards in length); and EBS (6 inches in width by 5 yards in length). Each bandage is imported inside a sealed peel-pouch blister packaging ten per box.
Item #4, described as a Tronex Clipped-Closure, EBC Series, is a non-sterile textile elastic bandage intended to be used for general-use support and low-compression applications. The bandage is composed of 90 percent polyester and 15 percent spandex gauze (also referred to as leno) woven fabric. The item code will be delineated by the size of the bandage: EBC5540N (2 inches in width by 5 yards in length); EBC5541N (3 inches in width by 5 yards in length); EBC5542N (4 inches in width by 5 yards in length); EBC5543N (6 inches in width by 5 yards in length); EBC3771C (2 inches in width by 5 yards in length); EBC3772C (3 inches in width by 5 yards in length); EBC3773C (4 inches in width by 5 yards in length); and EBC3774C (6 inches in width by 5 yards in length). Each bandage roll will be imported with a metal holding pin and ten per box.
The applicable subheading for the Tronex Dual Self-Closure, EBS Series sterile bandage will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or 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 free.
You have suggested that the Tronex Clipped-Closure, EBC Series, Tronex Single Self-Closure, EBV Series, and Tronex Dual Self-Closure, EBD Series non-sterile bandages should be classified under subheading 3005.90.5090, HTSUS, which provides for Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Other: Other: Other. We disagree. The non-sterile bandages are for general support, and they are not items belonging to the class or kind of items enumerated in heading 3005. Items that exclusively lend support to body parts are not classifiable in heading 3005.
The applicable subheading for the Tronex Clipped-Closure, EBC Series non-sterile bandage will be 5803.00.5000, HTSUS, which provides for Gauze, other than narrow fabrics of heading 5806: Of other textile materials: Of man-made fibers. The rate of duty is Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 5803.00.5000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5803.00.5000, HTSUS, listed above.
The applicable subheading for the Tronex Single Self-Closure, EBV Series and Tronex Dual Self-Closure, EBD Series non-sterile bandage will be 6307.90.9891, HTSUS, which provides for Other made up articles, including dress patterns:Other: Other: Other: Other: Other: Other. The rate of duty will be 7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9891, 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, i.e., 9903.88.15, in addition to subheading 6307.90.9891, 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, including information on exclusions and their effective dates, 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.
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 at https://hts.usitc.gov/.
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 and Border Protection 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, please contact National Import Specialist Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division