CBP Ruling N238770 — The tariff classification of a U-D Doser from Great Britain

Tariff classification

Headings: 8479

GRI rules applied: GRI 3(a)

Product description

The U-D Doser is designed for accurate dose sampling of specific volumes of liquids in the pharmaceutical industry. It works as a mechanical extension to the rod of a disposable syringe which is used to collect samples of liquid medicine contained in medicine tanks located on drug production lines. This device performs only a sampling function. Testing is performed on a separate machine. The U-D Doser features a handle, shaft and outer cover (chamber) of stainless steel. To operate, a syringe is connected to the U-D Doser’s push rod. The connected unit, i.e., U-D Doser and syringe, are placed into the outer cover of the U-D Doser. The outer cover protects the syringe from being contaminated by the sampled material. The small opening at the bottom of the outer cover allows only the syringe’s tip to be exposed during sampling of the material. The handle acts as a push rod as it slides up and down inside of the protection container. The user pulls up the handle in order to take the sample. Graduations on the handle allow accurate samples to be taken. At time of importation, the U-D Doser is packaged for retail sale with a pack of 5ml disposable syringes. The instant set, i.e., U-D Doser and syringes, consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (sampling). Finally the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term “goods put up in sets for retail sale”. General rules of Interpretation (“GRI”) 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character. It is the opinion of this office that the U-D Doser handle imparts the essential character of the set.

CBP rationale

The applicable subheading for the U-D Doser will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other.

Full text

N238770 March 19, 2013 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9899 Ms. Deanna M. Jones Banner Pharmacaps 4125 Premier Drive High Point, NC 27265 RE: The tariff classification of a U-D Doser from Great Britain Dear Ms. Jones: In your letter dated February 5, 2013, you requested a tariff classification ruling. Two samples of representative syringes were submitted and will be returned to your office. The U-D Doser is designed for accurate dose sampling of specific volumes of liquids in the pharmaceutical industry. It works as a mechanical extension to the rod of a disposable syringe which is used to collect samples of liquid medicine contained in medicine tanks located on drug production lines. This device performs only a sampling function. Testing is performed on a separate machine. The U-D Doser features a handle, shaft and outer cover (chamber) of stainless steel. To operate, a syringe is connected to the U-D Doser’s push rod. The connected unit, i.e., U-D Doser and syringe, are placed into the outer cover of the U-D Doser. The outer cover protects the syringe from being contaminated by the sampled material. The small opening at the bottom of the outer cover allows only the syringe’s tip to be exposed during sampling of the material. The handle acts as a push rod as it slides up and down inside of the protection container. The user pulls up the handle in order to take the sample. Graduations on the handle allow accurate samples to be taken. At time of importation, the U-D Doser is packaged for retail sale with a pack of 5ml disposable syringes. The instant set, i.e., U-D Doser and syringes, consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (sampling). Finally the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term “goods put up in sets for retail sale”. General rules of Interpretation (“GRI”) 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character. It is the opinion of this office that the U-D Doser handle imparts the essential character of the set. The applicable subheading for the U-D Doser will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other. The rate of duty will be 2.5% 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Thomas J. Russo Director National Commodity Specialist Division

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