CLA-2-96:OT:RR:NC:N4:234
TARIFF NO. : 9619.00.1100
Mr. Nicolas Beck
Cleanis Inc.
1375 Broadway Avenue, Ste 1100
New York, NY 10018
RE: The tariff classification of GelMax Super Absorbent Pad from France
Dear Mr. Beck:
In your letter received February 7, 2014, you requested a tariff classification ruling. Our response was delayed due to laboratory analysis. The remaining portion of the submitted sample, after U.S. Customs and Border Protection laboratory analysis, is being returned as per your request.
The ruling was requested on GelMax Super Absorbent Pad. A sample was submitted for our examination. The product consists of 25 absorbent pads put up in a paperboard box for retail sale. The pad measures approximately 9 1/2 inches in length and 5 inches in height. The GelMax pad is a single use applicator. The Gelmax Super Absorbent Pad was analyzed by the CBP laboratory and was found to be a paper product. In your literature, you state “The product is designed to safely collect, transport and dispose of organic liquids (urine, emesis, blood, serous materials, laboratory specimens and/or chemicals)”.
The applicable subheading for the GelMax Super Absorbent Pad will be 9619.00.1100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sanitary towels (pads) and tampons, diapers and diaper liners for babies and similar articles, of any material: Of paper pulp. The rate of duty will be Free.
Please note the submitted sample does not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the GelMax Super Absorbent Pad retail box marked “Made in European Union” would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."
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 Albert Gamble at albert.gamble.cbp.dhs.gov.
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division