The tariff classification and country of origin of 3M™ Tegaderm™ Ag Mesh Dressing with Silver, imported in the piece, from China

N008860 April 16, 2007 CLA-2-30:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 3005.90.1000 Mr. Warren Weber 3M Company 3M Center, Building 225-4-18S St. Paul, MN 55126 RE: The tariff classification and country of origin of 3M™ Tegaderm™ Ag Mesh Dressing with Silver, imported in the piece, from China Dear Mr. Weber In your letter dated March 26, 2007, you requested a tariff classification and country of origin ruling. The subject product, 3M™ Tegaderm™ Ag Mesh Dressing with Silver, consists of non-woven cotton fabric (imported in the piece) impregnated with silver sulfate. The applicable subheading for 3M™ Tegaderm™ Ag Mesh Dressing with Silver, consisting of non-woven cotton fabric (imported in the piece) impregnated with silver sulfate, will be 3005.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Wadding, 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: Coated or impregnated with pharmaceutical substances.” The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. You indicate in your letter that the rolls of fabric will be produced, as well as impregnated with silver sulfate, in China, for export (from China) to 3M™’s facility in the U.S. You also indicate that, subsequent to importation, the fabric will be slit, cut to size, “filled and sealed” in pouches, “packed out,” sterilized, and made ready for retail sale in the U.S. and for export markets as 3M™’s “finished medical device,” Tegaderm™ Ag Mesh Dressing. (According to the promotional literature submitted, Tegaderm™ Ag Mesh Dressing is indicated for use on pressure, venous, arterial, and neuropathic ulcers; open surgical wounds; trauma wounds; second-degree, superficial, partial-thickness burns; and abrasions.) You believe that the country of origin of the imported rolls of fabric impregnated with silver sulfate will be China. For the record, pursuant to Title 19, Part 134, Subpart A, §134.1(b) of the Code of Federal Regulations, we agree. Furthermore, it is our determination that the finished dressings must be in compliance with the requirements of Title 19, Part 134, Subpart C, §134.26 of the Code of Federal Regulations. With respect to your inquiry concerning the tariff classification and country of origin of the rolls of non-impregnated, non-woven cotton fabric, we require the following information in order to issue a ruling: 1) a 12” x 18” piece of the fabric, and 2) full manufacturing specifications for the fabric. When this information is available you may wish to submit your inquiry directly to National Import Specialist Deborah Walsh (NIS 350), at 646-733-3044. 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 Director, National Commodity Specialist Division