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NY 881649




January 20, 1993

CLA-2-39:S:N:N6:221 881649

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.19.0000; 3005.90.5090

Ms. Gregoria Sanchez
330 East 39th Street, Suite 10E
New York, NY 10016

RE: The tariff classification of plastic sheet and bandages from Spain.

Dear Ms. Sanchez:

In your letter dated December 5, 1992, on behalf of Evangelisto Rodriguez Valverde, you requested a tariff classification ruling.

Samples of two products were included with your request. The first, described as roval foam, or reticulated polyethylene, is cellular polyethylene. It is imported on rolls, in sheets measuring 50 cm square, in thicknesses of 2 mm 3 mm, or 5 mm. After importation the material will be cut and shaped to form inner soles.

The second product, described as Pedilastik digital, is a non-medicated bandage designed for use on the toe. It is made from foamed plastics sheeting, backed with knit fabric, rolled and sealed into a tubular shape, and containing an additional layer of foam. The tubular bandages are imported in lengths of 30 cm which can be cut to the appropriate size by the consumer. They will be imported packaged in bags containing six pieces of one diameter, which are exclusively intended for sale directly, without repacking, to users (physicians, pharmacies) for medical purposes.

The applicable subheading for the foamed polyethylene will be 3921.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, cellular...of other plastics. The rate of duty will be 6.6 percent ad valorem.

The applicable subheading for the Pedilastik digital bandages will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for wadding, gauze, bandages and similar articles (for example, dressings...) ... put up in forms or packing for retail sale for medical, surgical, dental or veterinary purposes, other. The rate of duty will be 7 percent ad valorem.

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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