CLA-2-30:OT:RR:NC:2:238

Mr. Brian Herter
Hellman Worldwide Logistics, Inc.
10450 Doral Blvd
Doral, FL 33178

RE: The tariff classification of REPARA® Compression Bandages 4 Layer System from Germany

Dear Mr. Herter:

In your letter dated January 17, 2012, you requested a tariff classification ruling on behalf of PSS World Medical. The sample submitted will be retained by this office for reference only.

The subject product, REPARA® Compression Bandages 4 Layer System, is a kit that consists of four layers of bandages individually packaged in clear plastic wrap that is put up together as a set inside a plastic bag for sale directly to doctor’s offices and aftercare facilities. The bandages are non-sterile and they are not impregnated or coated with pharmaceutical substances.

All four of the bandages are labeled in numerical order for ease of reference on how to apply the bandages. The first layer, natural padding bandage measures 10cm x3.5m. The second layer, cotton crepe bandage measures 10 cm x 4.5m. The third layer, light elastic bandage measures 10cm x 8.7m. The last layer, cohesive support bandage measures 10 cm x 6.3m. Per the wound care guide submitted, the 4 layer compression bandaging system is used together to provide compression and it is indicated for single use only. The care guide indicates it is intended to manage chronic venous insufficiencies and related conditions. You indicate that at the time of importation into the U.S., the subject product will be exclusively intended for sale directly, without repacking, for use for medical purposes. The applicable subheading for the REPARA® Compression Bandages 4 Layer System 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.

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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov.

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 Judy Lee at (646) 733-3033.
Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division