CLA-2-30:S:N:N1-F:238 875014
Ms. Sarita W. Tao
Lorrex Health Products
301 Penhorn Avenue
Secaucus, NJ 07094
RE: The tariff classification of Tracheostomy Sponge Sets from
The People's Republic of China.
Dear Ms. Tao:
In your letter dated May 28, 1992, you requested a tariff
classification ruling.
The submitted sample, catalog number 880-4412, is a non-
sterile, tracheostomy sponge set, consisting of one (4" x 4")
tracheostomy sponge, four (4" x 4") gauze sponges, and one piece
of cotton twill tape, measuring 30" in length, which serves as a
tie to keep the sponges in place on the patient. You state that
the trach sets are exclusively intended for sale directly,
without repacking, to users for use for medical and surgical
purposes. You also state that the user, subsequent to taking
delivery of the trach sets, may assemble them with other products
to produce a tracheostomy care kit, which would then be
autoclaved to sterilize all the components - including the trach
set.
The applicable subheading for this product will be
3005.90.5090, Harmonized Tariff Schedule of the United States
(HTS), 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: other: other. The
rate of duty will be 7 percent ad valorem. Based upon
international textile trade agreements, this merchandise is not
presently subject to a visa requirement or import 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