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NY R01013

November 9, 2004

CLA-2-30:RR:NC:2:238 R01013


TARIFF NO.: 3004.90.9190

Mr. Matthew Piccirilli
Stryker Biotech
35 South Street
Hopkinton, MA 01748

RE: The tariff classification of Stryker® TCP Putty from Ireland

Dear Mr. Piccirilli:

In your letter dated October 28, 2004, you requested a tariff classification ruling.

The subject product, Stryker® TCP Putty, is a bone-void filler that is used as a graft extender for both acute and delayed/non-union fractures, total joint revisions, and spine fusions. In its condition as imported, the product consists of granules composed of a mixture of porous beta-tricalcium phosphate (β-TCP) and carboxymethylcellulose sodium (CMC). Prior to actual use (i.e., subsequent to importation), the product is reconstituted with saline or water for injection (WFI) to form a putty-type mass, which provides improved handling properties and retention at the implant site. Stryker® TCP Putty is intended to be gently packed into bony voids or gaps of the skeletal system (i.e., the extremities, spine, and pelvis). Following placement in the bony void or gap, the tricalcium phosphate “scaffold” is resorbed, and replaced with bone during the healing process. [The CMC provides temporary (~24 hrs.) cohesive properties during handling and implantation, and is replaced by blood.] You have indicated, vía a telefax transmitted to a member of my staff on November 2, 2004, that the subject product is supplied in vials, with each vial individually packed in a box. Twenty of these boxes are then packed into a corrugated cardboard box, which serves as the shipping carton.

The applicable subheading for Stryker® TCP Putty will be 3004.90.9190, Harmonized Tariff of the United States (HTS), which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: 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 1-888-443-6332.

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.


Robert B. Swierupski

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