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NY J85770




June 23, 2003

CLA-2-30:RR:NC:2:238 J85770

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Lawrence R. Pilon, Esq.
Hodes Keating & Pilon
39 South LaSalle Street, Suite 1020
Chicago, IL 60603-1731

RE: The tariff classification of gauze sponges, imported put up for retail sale - without repacking - in a blister tray, sealed to a Tyvek® lid, from Mexico

Dear Mr. Pilon:

In your letter dated June 10, 2003, on behalf of your client, Medline Industries, Inc., you requested a tariff classification ruling.

The submitted sample consists of a blister-tray package, made of clear plastic, which is sealed to a Tyvek® lid. The blister tray contains ten, individual, 4” x 4”, 12-ply, sterile gauze sponges (“sponges”). The sponges do not have an adhesive layer, nor are they impregnated or coated with pharmaceutical substances. You indicate that the sponges are manufactured for medical or surgical purposes, for use by hospitals, nursing homes, and other health-care providers.

You state that the sponges will be manufactured in the People’s Republic of China and shipped to Mexico, already folded and grouped into groups of ten, ready for packaging, prior to importation into the U.S. You also state that your client has not yet determined whether the sponges will undergo sterilization in Mexico (i.e., prior to importation into the U.S.) or in the U.S. (i.e., subsequent to importation). With respect to the sterilization process, it is our determination that subjecting the sponges to sterilization subsequent to importation will not affect the tariff classification given herein, provided the sponges - as represented by the submitted sample - are imported into the U.S. put up for retail sale - without repacking - in the sealed blister tray. Finally, although you opine that “[t]he country of origin will remain the PRC,” you indicate that “A country of origin determination is not (being) requested.” The sample is being returned as requested.

The applicable subheading for the subject product will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Wadding, gauze, bandages and similar articles 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 general rate of duty will be free.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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