N291659 N2 Ruling Active

The tariff classification of unsterilized silk sutures from China

Issued November 22, 2017 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 5004.00.0000

Headings: 5004

Product description

You submitted two samples of unsterilized silk sutures, product codes: 1008110026 and 1008110020. The silk sutures are produced from 100 percent silk filament fibers, plied to form a yarn. Prior to selling the yarn to Ethicon, the Chinese manufacture coats (with wax) and dyes the silk yarn. Product 1008110026 will be imported on a spool support with a weight of 294 grams and has a decitex which does not exceed 4,228.9 and product 1008110020, although imported on a spool with a weight of 66 grams and has a decitex which does not exceed 24.4, will fall under the “put up for retail sale exceptions.” By virtue of Section XI, Note 4 (A) (a) (i), and Note 4 (B) (c) Harmonized Tariff Schedule of the United States (HTSUS), each is considered not put up for retail sale. The unsterilized silk sutures will not have needles attached to them.

CBP rationale

The applicable subheading for the unsterilized silk sutures, product codes 1008110026 and 1008110020 will be 5004.00.0000, HTSUS, which provides for Silk yarn (other than yarn spun from silk waste) not put up for retail sale.

Full text

N291659 November 22, 2017 CLA-2-50:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 5004.00.0000 Mr. Lars-Erik A. Hjelm Akin Gump Strauss Hauer & Feld LLP Robert S. Strauss Building 1333 New Hampshire Avenue, N.W. Washington, DC 20036-1564 RE: The tariff classification of unsterilized silk sutures from China Dear Mr. Hjelm: In your letter dated May 1, 2017, and your follow up letter, dated October 31, 2017, you requested a tariff classification ruling on behalf of your client, Ethicon LLC. You submitted two samples of unsterilized silk sutures, product codes: 1008110026 and 1008110020. The silk sutures are produced from 100 percent silk filament fibers, plied to form a yarn. Prior to selling the yarn to Ethicon, the Chinese manufacture coats (with wax) and dyes the silk yarn. Product 1008110026 will be imported on a spool support with a weight of 294 grams and has a decitex which does not exceed 4,228.9 and product 1008110020, although imported on a spool with a weight of 66 grams and has a decitex which does not exceed 24.4, will fall under the “put up for retail sale exceptions.” By virtue of Section XI, Note 4 (A) (a) (i), and Note 4 (B) (c) Harmonized Tariff Schedule of the United States (HTSUS), each is considered not put up for retail sale. The unsterilized silk sutures will not have needles attached to them. The applicable subheading for the unsterilized silk sutures, product codes 1008110026 and 1008110020 will be 5004.00.0000, HTSUS, which provides for Silk yarn (other than yarn spun from silk waste) not put up for retail sale. 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 https://hts.usitc.gov/current. Samples will be retained. 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 Adleasia Lonesome via email at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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