July 12, 1995
CLA-2-30:S:N:N7:238 811886 CATEGORY: Classification
TARIFF NO.: 3005.90.1000
Mr. James Alberdi A.J. Arango, Inc.
P.O. Box 75062 Tampa, FL 33675-5062
RE: The tariff classification of STOMADHEX oral bio-adhesive patches, from France
Dear Mr. Alberdi:
In your letter dated May 25, 1995, resubmitted on June 15, 1995, on behalf of your client, Immunovet Inc., you requested a tariff classification ruling.
The submitted samples, STOMADHEX oral bio-adhesive patches, consist of small circular objects, each measuring 3/8" in diameter, put up in a blister pack. According to the descriptive literature, the product is used for dental hygiene for dogs and cats. Each patch is composed of a polymer matrix containing chlorhexidine, which, you claim, is active against the bacteria in dental plaque, and the vitamin, nicotinamide (niacinamide), which, you claim, is important in good oral hygiene. Although the product is described as an "adhesive" patch, we note that it does not have an adhesive layer. According to the directions for use, the patch is placed on the inside surface of the animal's upper lip, where it bonds, by "bio-adhesion", with the mucus constituents present in the animal's mouth. The applicable subheading for the subject product will be 3005.90.1000, 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: Coated or impregnated with pharmaceutical substances." The rate of duty will be free.
This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Jean F. Maguire Area Director New York Seaport