CLA-2-30:S:N:N1-F:238 870395

Mr. Stanley R. Leacock
Helistand Distributors, Inc.
2144 Paget Circle
Naples, FL 33962

RE: The tariff classification of non-sterile, 100% cotton gauze, folded into pads for use as laparotomy sponges, surgical dressings and bandages, from Mexico.

Dear Mr. Leacock:

In your letter dated January 2, 1992, received on January 9, 1992, you requested a tariff classification ruling.

The submitted samples consist of various sizes of non- sterile, 100% cotton gauze, which are folded into pads for use as laparatomy sponges, surgical dressings and bandages. Optional configurations contain an X-ray detectable thread. You state in your letter that these items will be packaged in cellophane/poly bags, which are then placed in cartons for shipment. Each carton will then be marked with, among other things, the product name. In a telephone conversation with a member of my staff, on January 9, 1992, you stated that the imported cartons will be sold to wholesalers, who, in turn, sell them directly, without repacking, to hospitals, etc. The applicable subheading for the laparotomy sponges will be 3005.90.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for wadding, gauze, bandages and similar articles ... put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: other: other: laparotomy sponges. The rate of duty will be 7 percent ad valorem. The applicable subheading for the surgical dressings and bandages will be 3005.90.5090, HTS, which provides for wadding, gauze, bandages and similar articles ... 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 7 percent ad valorem.

Based upon international textile trade agreements, these products are not currently subject to textile restraints. This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport