The tariff classification of sub-assemblies of an auto-injector from United Kingdom

N253036 May 13, 2014 CLA-2-90:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 9018.31.0090 Ms. Eleanore Kelly-Kobayashi Rode & Qualey 55 West 39th Street New York, N.Y. 10018 RE: The tariff classification of sub-assemblies of an auto-injector from United Kingdom Dear Ms. Kelly-Kobayashi: In your letter dated April 30, 2014, on behalf of your client Becton, Dickinson and Company, you requested a tariff classification ruling. Samples of the top and lower sub-assembly of the auto-injector were provided with this ruling request and are being returned upon your request. The merchandise under consideration are sub-assemblies of a disposable auto-injector identified as the BD Physioject™ which is used for the self-injection of drugs to treat chronic diseases. The top sub-assembly has three plastic components and a spring and the lower sub-assembly has five plastic components and a spring. After importation, the upper and lower sub-assemblies are assembled with a sub-assembly containing the medicine and a needle to complete the syringe. You suggest classification for the upper and lower sub-assemblies of the BD Physioject™ under subheading 9018.31.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hypodermic syringes with or without needles, which are used in the medical, surgical, dental or veterinary sciences. As imported, the upper and lower sub-assemblies are parts to the BD Physioject™. It is only after importation that the top and lower sub-assemblies are assembled with the medicine/needle sub-assembly to complete a syringe. Therefore, subheading 9018.31.0040, HTSUS, would not be applicable. The applicable subheading for sub-assemblies of an auto-injector will be 9018.31.0090, HTSUS, which provides for Instruments and appliances used in medical, surgical, dental or veterinary sciences, Parts and accessories of syringes. The rate of duty will be free. 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 Barbara Kiefer at Barbara.J.Kiefer@ cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division