The tariff classification of a plastic sampling container from China.
Issued December 7, 2022 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3926.90.9910
Headings: 3926
GRI rules applied: GRI 3(b)
Product description
The product under consideration is described as the “TruDraw Single Sampler,” which is a two-ounce polypropylene plastic container/vial with a cap and a sterilized, 18-gauge, stainless-steel needle. The sealed container is used to collect samples of milk from silos on dairy farms or from lines inside dairy processing facilities for laboratory testing. The sample milk and container are destroyed after each use. The provided documentation indicates the sampler is leak-proof and offers tamper-evident features and sample tracking capabilities. As this product consists of a plastic container/vial and a stainless-steel needle, we hold the opinion that the plastic container imparts the essential character of this composite article, General Rule of Interpretation 3(b) noted.
CBP rationale
The applicable subheading for the “TruDraw Single Sampler” will be 3926.90.9910, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [l]aboratory ware.
Full text
N329447 December 7, 2022 CLA-2-39:OT:RR:NC:N4:415 CATEGORY: Classification TARIFF NO.: 3926.90.9910 Mr. Ian Davis Quality Management, Inc. 471 Hayward Avenue North Oakdale, MN 55128 RE: The tariff classification of a plastic sampling container from China. Dear Mr. Davis: In your letter dated November 18, 2022, you requested a tariff classification ruling. A sample was submitted and will be retained as requested. The product under consideration is described as the “TruDraw Single Sampler,” which is a two-ounce polypropylene plastic container/vial with a cap and a sterilized, 18-gauge, stainless-steel needle. The sealed container is used to collect samples of milk from silos on dairy farms or from lines inside dairy processing facilities for laboratory testing. The sample milk and container are destroyed after each use. The provided documentation indicates the sampler is leak-proof and offers tamper-evident features and sample tracking capabilities. As this product consists of a plastic container/vial and a stainless-steel needle, we hold the opinion that the plastic container imparts the essential character of this composite article, General Rule of Interpretation 3(b) noted. The applicable subheading for the “TruDraw Single Sampler” will be 3926.90.9910, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [l]aboratory ware.” The column one, general rate of duty is 5.3 percent 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 at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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