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NY F88725

July 17, 2000

CLA-2-30:RR:NC:2:238 F88725


TARIFF NO.: 3005.90.5090

Margaret R. Polito, Esq.
Neville, Peterson & Williams
80 Broad Street, 34th Floor
New York, NY 10004

RE: The tariff classification of a Burn Vest from China

Dear Ms. Polito:

In your letter dated June 16, 2000, on behalf of your client, Medical Action Industries, Inc., you requested a tariff classification ruling.

The submitted sample, referred to as a “Burn Vest,” consists of a shaped article resembling the back panel of a traditional vest. The item is indicated for the treatment of severe burns on the upper torso. The vest’s coverage extends from the shoulders to slightly below the waist, and has curves where the neck and arms of the burn victim will be. It is constructed from two different types of nonwoven man-made fabric. These nonwoven fabrics comprise the first two layers of the vest’s inside surface (i.e., the surface closest to the burn), as well as the layer forming its outer surface (i.e., the surface farthest from the burn). Multiple layers of cheesecloth fabric, permanently joined (by stitching around the edge) to the nonwoven layers, are “sandwiched” between the nonwoven layers to form the vest’s absorbent padding. Three textile ties, permanently affixed to the outer surface of the vest, enable it to be secured around the patient’s torso. Pursuant to your request, the submitted sample is being returned.

In a fax dated June 30, 2000, addressed to a member of my staff, you indicate the following: “[M]edical Action has advised us (i.e., you) that it will ship the vests in a sealed plastic bag bearing appropriate origin disclosures and other information such as style numbers. After importation, the bag containing the vest will be subjected to a sterilization process which will entail placing the bag containing the vest in a chamber and subjecting the article to gamma radiation. This sterilization process will not involve opening the bag. The vest will not be repackaged after the sterilization process. The purchaser (i.e., end user) will receive the vest in the same bag as that in which it was imported.

Based upon your representation, it is our determination that the vests are “[p]ut up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes,” in that “[t]hey are exclusively intended for sale directly without re-packing, to users (private persons, hospitals, etc.) for use for medical, surgical, dental or veterinary purposes. Heading 3005, HTS, and Explanatory Note 3005, HTS.

The applicable subheading for the submitted sample will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for "[W]adding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), 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 merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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.


Robert B. Swierupski

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