The tariff classification of five parts of a needleless injection system from China

N305508 August 7, 2019 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification TARIFF NO.: 3926.90.4510; 9018.39.0050; 9903.88.03 Mr. Troy Chapman PharmaJet 400 N. Corporate Circle, Suite N Golden, CO 80401 RE: The tariff classification of five parts of a needleless injection system from China Dear Mr. Chapman: In your letter dated July 29, 2019, you requested a tariff classification ruling. The parts under consideration are O-ring (part # 05-10075-002), Return Sleeve (part # 20-10093-001), Lock Sleeve (part # 20-10094-001), Tube (part # 20-10068-001), and Hammer Ring (part # 20-10092-001). They are used in two of three components of PharmaJet’s Tropis Needle-free Injection System consisting of a needle-free syringe, a filling adapter with a spike, and a handheld injector. The syringe is used to house a vaccine in preparation of administration and the injector is a mechanical system comprised of multiple parts that work together to perform the function of driving the vaccine out of the syringe into the patient. You state the syringe and injector are compatible with each other, and are not compatible with other instruments on the market. To use, the user fills the syringe with a vaccine with the help of the filling adapter, snaps off the end of the plunger of the syringe at the neck by bending it, inserts the rest of the syringe containing the vaccine into the injector, administers an injection to a patient, and disposes of the used syringe. The O-ring is made from silicone rubber and molded into a donut shape for use in the needle-free syringe. The purpose of the O-ring is to seal the annular space around the plunger inside the barrel, thus allowing the syringe to push the vaccine into the patient. The Return Sleeve, Lock Sleeve, Tube (an article of tubular construction with a protrusion at one end, a cut-out and holes), and Hammer Ring are made of stainless steel and are specially designed to work solely in the injector. Each part in certain quantities is placed in dual bags, then packaged in a cardboard box. In your letter, you believe that the O-ring, Return Sleeve, Lock Sleeve, Tube, and Hammer Ring are classified in subheading 9018.31.0090, Harmonized Tariff Schedule of the United States (HTSUS), as parts of a syringe. We disagree. The O-ring is considered a part of general use for classification purposes, thus precluded from Chapter 90 per Note 1 (f) to the chapter. The Return Sleeve, Lock Sleeve, Tube, and Hammer Ring are parts of the injector, not parts of the syringe; therefore, they will be classified elsewhere. The applicable subheading for the Return Sleeve, Lock Sleeve, Tube, and Hammer Ring, will be 9018.39.0050, HTSUS, which provides for “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: [s]yringes, needles, catheters, cannulae and the like; parts and accessories thereof: [o]ther: [o]ther.” The general rate of duty will be free. The applicable subheading for the O-ring will be 3926.90.4510, HTSUS, which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [g]askets, washers and other seals: [o]-rings.” The rate of duty will be 3.5 percent ad valorem. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 3926.90.4510, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3926.90.4510, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Sandra Carlson at [email protected] for the O-ring or Fei Chen at [email protected] for the other parts. Sincerely, Steven A. Mack Director National Commodity Specialist Division