The tariff classification of Ethicon™ Bone Wax from Brazil

N266238 July 23, 2015 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3005.90.5090 Ms. Andrea Abraham Meeks, Sheppard, Leo & Pillsbury 1735 Post Road, Suite 4 Fairfield, CT 06824 RE: The tariff classification of Ethicon™ Bone Wax from Brazil Dear Ms. Abraham: In your letter dated June 26, 2015, on behalf of your client, Ethicon, Inc., you requested a tariff classification ruling. A sample labeled as BONEWAX 2.5 g W31G was submitted with your request and will be retained for reference only. The subject product, Ethicon Bone Wax, consists of a sterile mixture of bleached beeswax, paraffin, and isopropyl palmitate, a softening agent. The bone wax is opaque and has a waxy odor. It is rectangular in shape and measures approximately 2 inches long by 1 ½ inches wide. The instructions for use indicates that the bone wax is intended for use by the surgeon to control bleeding from divided, drilled or chipped edges of bone by physically plugging the osseous canals which contains the bleeding capillaries. It further indicates that bone wax achieves local hemostasis of bone by acting as a mechanical (tampoande) barrier and it does not act biochemically and is nonabsorbable. Each bone wax (2.5 grams) is available sterile in individual envelopes, and contained inside individually sealed foil wrapped outer packets. The sample you submitted contained 12 of these individually wrapped bone wax packaged inside a paperboard box. In your letter, you state that this bone wax is a waxy substance that is used to help mechanically control bleeding from bone surfaces during surgical procedures. You also state that the bone wax will be imported for sale directly to hospitals and surgeons without repacking. The applicable subheading for the Ethicon Bonewax in 2.5 grams, imported for retail sale, will be 3005.90.5090, 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: Other: Other.” 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/. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 Judy Lee at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division