The tariff classification of disposable plastic tweezers from China.

N314623 September 28, 2020 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification TARIFF NO.: 9018.90.8000 Mr. Mark Hamid Magnum Medical 3265 N. Nevada St., Chandler, AZ 85225 RE: The tariff classification of disposable plastic tweezers from China. Dear Mr. Hamid: In your letter dated September 17, 2020, you requested a tariff classification ruling. Two samples provided were examined and disposed of. Magnum Medical brand medical grade disposable plastic tweezers (Part # 05-2391) are made of high impact ABS plastic and packaged in a clear sealed plastic pouch. Included in the pouch is a piece of paper with the word “TWEEZERS” and the phrase “Dispose After Use.” The product measures approximately 4.5” in length and is blue in color. It has serrated blade ends, corrugated handles, and two prongs in one of the front inner sides, which will be inserted into the slots on the opposite side when pressing the tweezers. They are sold to medical wholesalers/distributors and used as a component in medical or first aid kits. The applicable subheading for the medical grade disposable plastic tweezers will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[i]nstruments and appliances used in medical, surgical, dental or veterinary sciences … parts and accessories thereof: [o]ther instruments and appliances and parts and accessories thereof: [o]ther: [o]ther.” The general 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. Upon examining the samples, we found that neither the tweezers nor the plastic pouches were marked with the country of origin. The provided image shows that the plastic tweezers in their plastic pouches are imported in bulk in a cardboard box, which is marked to indicate the country of origin. Section 134.32(d), Customs and Border Protection (CBP) Regulations (19 CFR § 134.32(d)), provides an exception to the country of origin marking requirements for “[a]rticles for which the marking of the containers will reasonably indicate the origin of the articles” to the ultimate purchaser. The “ultimate purchaser” is defined in section 134.1(d) as the “last person in the U.S. to receive the article in the form in which it was imported.” In cases where CBP has found that an exception set forth at 19 CFR § 134.32(d) applies, CBP has stated that the container may be marked in lieu of the article only if CBP is satisfied that the article will remain in its container until it reaches the ultimate purchaser. You state that the plastic tweezers are sold to medical wholesalers/distributors and used as a component in medical or first aid kits. It appears that the tweezers will be repackaged after importation by the wholesalers/ distributors who are not the ultimate purchasers. In this case, the certification requirements of section 134.26 of the CBP Regulations (19 CFR § 134.26) will apply. Section 134.26, which applies to articles that are repacked or manipulated after importation, provides the following: (a) Certification requirements. If an article subject to these requirements is intended to be repacked in retail containers (e.g., blister packs) after its release from Customs custody, or if the Center director has reason to believe such article will be repacked after its release, the importer shall certify to the Center director that: (1) If the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this part; or (2) if the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements. ... The certification statement may appear as a typed or stamped statement on an appropriate entry document or commercial invoice, or on a preprinted attachment to such entry or invoice; or it may be submitted in blanket form to cover all importations of a particular product for a given period (e.g., calendar year). If the blanket procedure is used, a certification must be filed with CBP, either at the port of entry or electronically. (d) Notice to subsequent purchaser or repacker. If the article is sold or transferred to a subsequent purchaser or repacker the following notice shall be given to the purchaser or repacker: NOTICE TO SUBSEQUENT PURCHASER OR REPACKER THESE ARTICLES ARE IMPORTED. THE REQUIREMENTS OF 19 U.S.C. 1304 AND 19 CFR PART 134 PROVIDE THAT THE ARTICLES IN THEIR CONTAINERS MUST BE MARKED IN A CONSPICUOUS PLACE AS LEGIBLY, INDELIBLY AND PERMANENTLY AS THE NATURE OF THE ARTICLE OR CONTAINER WILL PERMIT, IN SUCH A MANNER AS TO INDICATE TO AN ULTIMATE PURCHASER IN THE UNITED STATES, THE ENGLISH NAME OF THE COUNTRY OF ORIGIN OF THE ARTICLE. Since the tweezers are not imported in their marked retail containers, whether the subject articles are excepted from individual marking under 19 CFR § 134.32(d) is for the Center director to decide. In this regard, section 134.34, CBP Regulations (19 CFR § 134.34), provides that an exception may be authorized at the discretion of the Center director under 19 CFR § 134.32(d) for imported articles which are to be repacked after release from CBP custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by CBP officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry. In this case, assuming that the Center director is satisfied that the imported tweezers will be repacked in the manner described above, and that the other conditions set forth in 19 CFR § 134.34 are met, the Center director may authorize an exception under 19 CFR § 134.32(d), in which case marking of the imported tweezers will not be required. 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 Fei Chen at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division