CLA-2-63:OT:RR:NC:TA:350
Lawrence R. Pilon
Hodes Keating & Pilon
134 North LaSalle Street, Suite 1300
Chicago, IL 60602
RE: The tariff classification of a “QuickSuite® Operating Room Clean-Up Kit”, from China.
Dear Mr. Pilon:
In your letter dated November 10, 2009, on behalf of Medline Industries Inc., you requested a tariff classification ruling.
The instant sample, identified in your correspondence as a “QuickSuite® Operating Room Clean-Up Kit” consists of products designed to protect the patient as well as the operating room from contamination during surgical procedures as well as to move the patient during the surgical procedure. Your letter indicates the clean-up kit consists of four basic components as follows:
An Operating Room Table Sheet measuring 40" x 90" which is disposable and is intended for a one-time-use. It is constructed of three layers: (a) a backing layer (the layer that faces the table) of blue polyethylene film, (b) a surface layer (the layer that faces the patient) of white spunbonded polypropylene nonwoven textile material, and (c) a narrower panel of white paper incorporating super absorbent polymer material to add extra absorbency down the middle of the table sheet.
Two Armboard Covers that are disposable and intended for a one-time-use. They are designed to cover the two armboard portions of the operating room table. They function identically to the operating room table sheet described above, and protect the patient and the table from cross-contamination. They are constructed of two layers; (a) a backing layer (the layer that faces the table) of blue polyethylene film, and (b) a surface layer (the layer that faces the patient) of white spunbonded polypropylene nonowven textile fabric. These armboard covers slip over the arm of the operating table, are roughly tubular in shape, are sewn along two sides and have an additional V-shaped cut-out along one side. Two straps are included with the covers, made of cellular plastic with hook and loop patches, to secure the patient’s arms to the armboards.
One Headboard Cover that is disposable and intended for a one-time-use. This cover is used to cover the headboard portion of the operating room table. It functions identically to the operating room table sheet and armboard covers described above. It is constructed of two layers: (a) a backing layer (the layer that faces the table of blue polyethylene film, and (b) a surface layer (the layer that faces the patient) of white spunbonded polypropylene nonwoven textile material. It is designed to slip over the head section of the operating table, is rectangular in shape and sewn along three sides. It gives the appearance of an open bag with the nonwoven fabric on the exterior of the “bag”.
A Draw Lift Sheet measuring 40" x 60" which is disposable and is intended for a one-time-use. You state the sheet is commonly placed over the Operating Room Table Sheet described above. It facilitates movement of the patient of the O.R. table if that should be necessary while it adds a layer of absorbent material under the patient. It is constructed of a single layer of white spunbonded polyester nonwoven textile material. The edges are not hemmed or pinked. Given its weight and size it appears able to provide a noticeable amount of absorbency of any fluids during the surgical procedure.
You state the sample provided “is in its condition as imported and sold, received, and used by medical end-users…The kits will be sold directly to medical end-users in this packaging without repacking.”
The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level as respects sets put up for retail sale. Specifically, Explanatory Note X to GRI 3 (b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up 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 re-packing. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component that gives them their essential character.
The QuickSuite® Operating Room Clean-Up Kit is considered to be a set for tariff classification purposes. No single component imparts the essential character, so the set will be classified in accordance with GRI 3(c). In this set, the heading for armboard and headboard covers appear last in numerical order among the competing headings which equally merit consideration.
Therefore, the applicable subheading for the product will be 6307.90.6800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … other made up articles, including dress surgical drapes, spunlaced or bonded fiber fabric disposable surgical drapes of man-made fibers. The duty rate is 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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Deborah Walsh at (646) 733-3044.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division