The tariff classification of medical waste collectors and trolleys from Mexico

N114655 August 6, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980 Ms. Eleanore Kelly-Kobayashi Rode & Qualey 55 West 39th Street New York, NY 10018 RE: The tariff classification of medical waste collectors and trolleys from Mexico Dear Ms. Kelly-Kobayashi: In your letter dated July 7, 2010, on behalf of Med-Safe Systems and its parent company, Becton Dickinson and Company, you requested a tariff classification ruling. The products consist of medical waste collectors and trolleys. Descriptive literature was provided with your request. The collectors are containers manufactured of polypropylene or polyethylene plastics used for the disposal of sharps, chemotherapy waste, pharmaceutical waste and hazardous waste. They are available in various sizes and configurations. Some have lids with built-in needle removal ports or dual opening hinge tops with inner gaskets to minimize leaks. Others have funnel-designed tops to reduce the possibility of hands accessing the contents or counterbalanced doors for hands-free access. Some incorporate VAT (visual-audible-tactile) perimeter locks to fully secure the collector during assembly. Others feature clear views of fill levels or handles for safe transportation. The sharps collectors meet ASTM standards for puncture resistance. The chemotherapy, pharmaceutical and hazardous waste collectors contain a liquid-absorbent material pre-attached to the inside bottom. The trolleys may be used for the movement of the extra large versions of these collectors. Standard trolleys and foot-operated trolleys are available. Both types have handles and three-inch locking wheels. The foot-operated trolley incorporates a pedal to open and close a collector for hands free disposal. The applicable subheading for the various types of medical waste collectors will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent 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/. Your inquiry does not provide enough information for us to give a classification ruling on the trolleys. Your request for a ruling should include a picture of each style of trolley without the collector. Although you ask for a ruling on trolleys imported with collectors, it appears, based on the descriptive literature, that the trolleys and collectors are offered for sale as separate articles, with a variety of collectors being compatible with each style of trolley. Describe in detail the packaging of any trolleys imported with collectors and provide pictures showing how the trolley and collector combinations are imported. If trolleys are imported packed together with collectors, provide a breakdown showing the relative cost of the trolley and the collector. When this information is available you may wish to consider resubmission of your request. If you decide to resubmit your request, please include copies of your original request and this letter with your submission. 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division