HQ 086386: Reconsideration of New York Ruling Letter 838275; Sorbsan surgical dressings

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                        HQ 086386

                       March 26, 1990

CLA-2:CO:R:C:G 086386 SER

CATEGORY:  Classification

TARIFF NO.: 3006.10.0000

Mr. David Satter
Dow B. Hickman, Inc.
P.O. Box 2006
Sugar Land, TX 77487

RE: Reconsideration of New York Ruling Letter 838275; Sorbsan
    surgical dressings

Dear Mr. Satter:

     This is in reference to your request for reconsideration of
New York Ruling Letter (NYRL) 838275.  In that ruling Sorbsan
dressings from England were classified in subheading
3005.90.5000 of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for bandages put up in
packings for retail sale for medical, surgical, dental or
veterinary purposes, other, other.

FACTS:

     The Sorbsan Surgical Dressing is a non-adhesive, flat non-
woven surgical dressing with calcium alginate.  It is imported
in packings for retail sale for medical/surgical purposes.
Though the product as not yet received the approval of the the
Food and Drug Administration (FDA), for sale as a hemostat, the
importer eventually intends to promote the product as a hemostat
in the United States.  Sorbsan, as stated in the information that
this office has received, is currently being used by various U.S.
medical clinicians as a hemostat, and it has long been used as a
hemostat in numerous European countries.

ISSUE:

     Is the product at issue a pharmaceutical good specified in
Note 3 to Chapter 30, HTSUSA?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's), taken in order.  The
Harmonized System is a complete product classification system,
and the goal of the Harmonized System is to place all goods that
                               -2-



are imported into the specific classifications.  In this context
the word "goods" is used in its broadest sense to include all
merchandise.  The systematic detail is such that virtually all
goods are classifiable by application of GRI 1, that is,
according to the terms of the headings and any relative section
or chapter notes.

     Heading 3006, HTSUS, provides for pharmaceutical products
specified in note 3 to this chapter.  Note 3(c) provides for
sterile absorbable surgical or dental hemostatics.  The
Explanatory Notes to Heading 3006, HTSUS, states:

     This item covers sterile products used in surgery or
     dentistry to stop bleeding and having the property of
     being absorbed by the body fluids.  It includes . . .
     calcium alginate gauze, "wool" or "film".

     The product at issue is specifically provided for in this
Heading.  Though the product at issue has not been approved by
the FDA to be promoted as a hemostat, this does not preclude the
Customs Service from classifying the product in this Heading.
The Customs Service has a different mission than the FDA, and,
therefore, the determination of Customs that the product at
issue is a hemostat for tariff pruposes does not conflict with
the determination of the product's use by the FDA as to the
suitability of an article for a given use in the United States.

HOLDING:

     The product at issue is properly classified in subheading
3006.10.0000, HTSUSA, which provides for pharmaceutical products
specified in note 3 to Chapter 30: sterile absorbable surgical or
dental hemostatics.  The rate of duty is 3.5 percent ad valorem.

     NYRL 838275 is hereby amended.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division