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NY 853634

JUN 29 1990

CLA-2-30:S:N:N1:238 853634


TARIFF NO.: 3005.90.5000

Mr. Robert L. Follick
Follick and Bessich, P.C.
225 Broadway,Suite 500
New York, NY 10007

RE: The tariff classification of laparotomy sponges from The Peoples Republic of China.

Dear Mr. Follick:

In your letter dated June 13, 1990, on behalf of Jayme Products you requested a tariff classification ruling.

The laparotomy sponges are to be imported in poly bag packages containing 400 sponges and are intended for direct sale either through medical supply distributors or otherwise to users ( hospitals, etc.) without repacking for medical or surgical purposes. You indicate that the sponges may not be sterile at the time of importation but will undergo sterilization in the United States prior to sale.

The applicable subheading for the laparotomy sponges in sterile or non-sterile condition will be 3005.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for wadding, gauze, bandages and similar articles ...., put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes. The rate of duty will be 7 percent ad valorem.

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.


Jean F. Maguire
Area Director

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