CLA-2-39:RR:NC:SP:221 I88352

Mr. Mark Laumann
3M Company
P.O. Box 33800
St. Paul, MN 55144-1000

RE: The tariff classification of medical/surgical drapes.

Dear Mr. Laumann:

In your letter dated November 15, 2002, you requested a tariff classification ruling.

Five samples of drapes used during medical procedures were submitted with your request. You have not indicated the country of origin. For purposes of this reply it is assumed that these goods are made in a country with which the United States has Normal Trade Relations. Product 1 is described as a steri-drape roll prep drape. It consists of polyethylene film measuring 11 inches in width and 25 yards in length. The film is coated with a strip of adhesive about 1¼ inches wide along one length. It is a non-sterile drape primarily used on the body for isolating body parts, but also used for protecting equipment during surgical and medical procedures.

Product 2 is described as a steri-drape small towel drape. It consists of a rectangular sheet of polyethylene film measuring 17 inches in width and either 11 inches or 23 inches in length. The film is coated with a strip of adhesive about 1 ¼ inches wide along one edge. The adhesive strip is protected with a peel-off protective plastic backing. This sterile general purpose towel drape is used during extraocular and minor office procedures to help define a surgical field.

Product 3 is identified as a steri-drape incise drape. It consists of a rectangular sheet of clear polyethylene or polyester film, coated with adhesive except for a narrow strip along each length. These drapes, which are available in different sizes, provide a sterile surface to the wound edge at the start of surgery.

Product 4 is identified as an Ioban 2 antimicrobial incise drape. It consists of a rectangular sheet of low memory stretch polyester film that conforms to body contours and stretches to allow limb manipulation, thereby adhering securely to the wound edge. The film is coated with adhesive except for a narrow strip along each length. The film contains iodine to help reduce the risk of site contamination by providing continuous antimicrobial activity during the surgery. The drapes are used to provide a sterile surface to the wound edge at the start of surgery.

Product 5 is identified as a steri-drape U drape. The sample consists of a rectangular sheet of polyethylene film with a U shaped cutout on one side, coated with an adhesive along the U shaped opening. The drape is used for creating a sterile barrier during orthopedic and neurological surgical procedures. You suggest classification for all of the drapes as adhesive dressings in subheading 3005.10.5000, Harmonized Tariff Schedule of the United States (HTS), since you claim that the drapes are primarily used as protective material on the body to protect an open wound or incision during surgery. Dressings are material actually applied to a wound for protection, absorbency or drainage. The instant articles are drapes, i.e., cloths or material used to cover parts of the body other than those to be examined or operated upon. All of the sample drapes are flat, and all are at least in part self-adhesive.

The applicable subheading for Product 1, the steri-drape roll prep drape, Product 2, the steri-drape small towel drape, Product 3, the steri-drape incise drape, Product 4, the antimicrobial incise drape and Product 5, the steri-drape U drape, will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: other: other: other. The general rate of duty will be 5.8 percent ad valorem.

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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division