The tariff classification of a surgical scrub brush and sponge from an unknown country

N174982 August 10, 2011 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9603.90.8050 Ms. Eleanore Kelly-Kobayashi Rode & Qualey 55 West 39th Street New York, NY 10018 RE: The tariff classification of a surgical scrub brush and sponge from an unknown country Dear Ms. Kelly-Kobayashi: In your letter dated July 12, 2011, on behalf of Becton, Dickinson and Company, you requested a tariff classification ruling. The submitted sample is identified as a BD E-Z Scrub, Product Number 371073. This item is comprised of a brush, composed of soft polyethylene (PE) bristles, that is mounted on a sponge, composed of foam plastic and impregnated with chlorhexidine gluconate (CHG), which is an antimicrobial formulation. The sample was submitted in a sealed individual package on which is printed words that state that the intended use is for “preoperative cleaning of healthcare personnel arms and hands” and also states instructions that the user should “discard after single use.” Included in the package is a plastic nail pick. You have suggested that this item is correctly classified in subheading 9603.90.8050 and you have cited, as the basis for your suggestion, New York Ruling Letters N110876 and N110555, both dated July 14, 2010, which you believe addressed “virtually identical” items. This office agrees with your suggested classification based on the cited rulings. The applicable subheading for Product Number 371073 will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…brushes…: other: other…other. The general rate of duty will be 2.8% ad valorem. 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 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division