CLA-2-30:RR:NC:2:238 G87792
Lawrence R. Pilon, Esq.
Hodes Keating & Pilon
33 North Dearborn Street, Suite 2204
Chicago, IL 60602-3109
RE: The tariff classification of non-sterile gauze sponges from India
Dear Mr. Pilon:
In your letter dated October 12, 2000, resubmitted February 21, 2001, on behalf of your client, International Medsurg Connection, Inc., you requested a tariff classification ruling.
The submitted sample, marked “Exhibit B-1,” consists of 200 gauze sponges put up in a sealed package made of paper. Each sponge is 12 ply and measures 4” x 4”. You state in your February letter that your client “[w]ill neither sterilize nor manipulate these packaged sponges after importation, and … has no information or belief that its customers will do so.” In addition, you state in your October letter that “[T]he subject merchandise … will be sold directly to hospitals and similar institutional healthcare providers without repackaging.” Accordingly, pursuant to your aforementioned representations and the Explanatory Notes to heading 3005, HTS, we are of the opinion that the subject product, as represented by the submitted sample, is exclusively intended for sale directly, without repacking, to users for medical, surgical, dental or veterinary purposes.
The applicable subheading for the subject product will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for "{W]adding, 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 free.
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 Harvey Kuperstein at 212-637-7068.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division