CLA-2-84:OT:RR:NC:1:405
Mr. David S. Robinson
Nexsen/Pruet
4141 Parklake Avenue, Suite 200
Raleigh, NC 27612
RE: The tariff classification of the FlexPen Assembly Line 50 from Switzerland
Dear Mr. Robinson:
In your letter dated January 28, 2015 on behalf of Novo Nordisk Pharmaceutical Industries, Inc., you requested a tariff classification ruling.
The FlexPen Assembly Line 50 is comprised of a series of linear cells interconnected by means of a continuous loop transport system. The line forms a container into which the product will be placed and then closes and seals the container. Each cell performs an individual function that contributes to the principal function of the line, i.e., the packaging of an insulin product into a container, i.e., the FlexPen. The components of the FlexPen, such as the cartridge holders, the cartridge housings, push buttons and caps, are manually loaded into the feeding systems, carried via pallets, mechanically indexed and placed in front of each cell for processing. Using these components, the line forms the container into which the pre-filled insulin cartridge is placed. The housing sub-assembly is sealed and capped and the filled pens unloaded from the machine. The sealing ensures that the product will not leak within the container or breach the container in unintended ways. The FlexPen is considered a “container” similar to the bottles, cans, boxes, bags or other containers enumerated in the language of heading 8422, Harmonized Tariff Schedule of the United States (HTSUS). The insulin cartridge is the product that will placed in the FlexPen. You indicate that this request relates to prospective importations of the line.
In accordance with Note 4 to Section XVI, the applicable subheading for the FlexPen Assembly Line 50, i.e., a functional unit imported complete in one shipment, will be 8422.30.9191, HTSUS, which provides for other machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers. 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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division