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NY 866692


September 30, 1991

CLA-2-30:S:N:N1:238 866692

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090, 5806.32.2000

Ms. Catherine A. Shyan
CBC Customshouse Brokers, Inc.
P.O. Box 646
Wood Dale, IL 60191

RE: The tariff classification of Conform Bandages in bulk and retail packed forms from Taiwan and/or China

Dear Ms. Shyan:

In your letter dated August 26, 1991 you requested a classification ruling on behalf of Ulti-Med International.

The Conform Bandages in 1" x 3.2 yards, 2" x 4.1 yards, 3" x 4.1 yards, 4" x 4.1 yards and 6" x 4.5 yards will be imported in two different ways: unsterilized and packaged ready for direct sale as imported; and unsterilized, in bulk polybags, to be repackaged and sterilized in the United States prior to distribution.

Examination of the unsterilized woven fabric bandages indicates that the narrow fabrics appear to have two woven fast edges and contain texturized man-made fiber yarns that allow the loosely woven fabric to stretch. The bandages are made of 50 percent cotton, 30 percent rayon and 20 percent nylon. Please note that even a slight change in this breakdown may affect the products' classification.

The applicable subheading for the Conform Bandages packed for retail sale will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for ... bandages, put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes, other, other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the Conform Bandages in bulk form and intended to be sterilized and repacked for retail sale to users will be 5806.32.2000, HTS, which provides for narrow woven fabrics, other than goods of heading 5807, ..., other woven fabrics, of man-made fibers, other. The duty rate will be 7 percent ad valorem.

The Conform Bandages in bulk form (narrow woven fabrics) fall within textile category designation 229. Based upon international textile trade agreements products of Taiwan and/or China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The Conform Bandages in retail packing 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

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