CLA-2-56:OT:RR:NC:N3:350
Diane C. Herrera
Cardinal Health 200, LLC
One Butterfield Trail
El Paso, TX 79906
RE: The tariff classification of pre-saturated disposable antiseptic cleaning wipes
Dear Ms. Herrera:
In your letter dated January 9, 2015, you requested a tariff classification ruling. One sample was provided.
PrevanticsTM Swab, Part Number B11400, is a small, rectangular cleaning wipe, approximately 3 inches by 1 inch in size. According to the information provided in this request and previous correspondence, the wipes are of a nonwoven staple fiber construction and weigh 55.6 grams per square meter. The wipes are individually put up in foil packets after having been pre-saturated with Chlorhexidine Gluconate, Isopropanol Alcohol and USP purified water. You state that these wipes are an antiseptic pad used for pre-injection and pre-operative skin preparation.
In your letter, you suggest classification in subheading 3005.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Wadding, gauze, bandages and similar articles (…), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Other: Coated or impregnated with pharmaceutical substances.” We disagree.
Customs has consistently held that the nonwoven textile piece functions not merely as a medium to carry the alcohol, but also as a scrubber to lift non-sterile materials and organisms from the skin. Even though, the Prevantics Swab also contains 3.15 % of Chlorhexidine Gluconate (disinfectant) in addition to 70 % of alcohol, they are still simply used to cleanse or prepare unbroken skin. They are not used in the dressing or treatment of a wound, a requirement of heading 3005, nor are they similar to the exemplars of this heading.
In your letter, you also suggest classification in subheading 3004.90.91, HTSUS, which provides for "Medicaments…consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other.” You stated that “because Prevantics products are used to prep the unbroken skin we feel that heading 3004 can also be taken into consideration.” We disagree. These products are specifically indicated for use as a preparation of the patient’s skin prior to surgery or injection. In our opinion, they are not considered to be medicaments, which are indicated for the treatment of a specific disease or ailment. As such, they will be classified elsewhere.
The applicable subheading for the product will be 5603.92.0010, HTSUS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, other, weighing more than 25 g/m² but not more than 70 g/m², impregnated, coated, or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The duty rate 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 ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division