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NY E88703

November 4, 1999

CLA-2-61:RR:NC:3:353 E88703


TARIFF NO.: 6114.20.0055

Mr. Jeffrey O’Quinn
89 Salem St.
Jesup. GA 31546

RE: The tariff classification and country of origin marking of a “Uroclean” kit.

Dear Mr. O’Quinn:

In your undated letter received in this office on October 15, 1999, you requested a tariff classification ruling.

The submitted sample is a “Uroclean” kit, which is intended for the male incontinence patient. The kit consists of 2 sheaths, 1 application aid, 1 waist belt, 2 leg straps, 1 BD syringe, 5 100% cotton briefs, 4 sheath plugs, 1 bladder bag and 1 sealing sleeve. The kit allows by means of a specially designed knit 100% cotton brief, containing a 1 ½ inch circular front cut-out and hook and loop closure, for a sheath, a hip belt and a urine bag, to be integrated into one cohesive system. The system eliminates the problems associated with uncontrolled urination in a skin-friendly, hygienically clean and reliable fashion. The item is considered a set because it is put up for retail sale, contains two or more articles which are, prima facie, classifiable in different headings, and meets the particular needs of maintaining an hygienically clean environment for the chronic incontinent. The essential character of the set is imparted by the specially designed brief.

The applicable subheading for the “Uroclean” kit will be 6114.20.0055, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of cotton... Other: Men's or boys'.” The rate of duty will be 11.2% ad valorem.

The purpose of the “Uroclean” kit is for assisting incontinent persons. The kit maintains an hygienically clean environment for the incontinent and that is how you advertise it. U.S. Customs has previously decided that reusable incontinence briefs are presumed to be used primarily by those with chronic, not temporary, incontinence.

On that basis a secondary classification will apply for this item in HTS 9817.00.96, as “Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped personsOther.” The rate of duty will be Free, if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P.

This office notes that the “Uroclean” kit is made of items that originate in several countries. The sheath and sealing sleeve are from Switzerland; the application aid, waist belt, leg straps and sheath plugs are from Germany; the syringe is from Spain; the briefs are from Italy; and the bladder bag is from the United States.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The bladder bag is excepted from marking under section 134.32(m), Customs Regulations, pertaining to U.S.-origin articles exported and returned. The balance of the items in the kit, all of foreign origin, must be individually marked with their country of origin, or the retail container must be marked with each foreign origin item in the kit and its country of origin.

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 Kenneth Reidlinger at 212-637-7084.


Robert B. Swierupski

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