CLA-2-90:OT:RR:NC:N3:135
Bryan Wixted
DMC Medical Ltd.
Unit 5 Abbey House Shannon V14 AH61 Ireland
RE: The tariff classification of syringes from China
Dear Mr. Wixted:
In your letter dated July 8, 2024, you requested a tariff classification ruling. Additional information was submitted by email dated July 10, 2024.
The items under consideration are described as DMC Medical Polycarbonate Syringes and DMC Medical NuGen Eastman Tritan Copolyester Syringes. Both types of syringes consist of a calibrated barrel, a color ABS plunger, a silicone stopper, and a male luer lock and are available in 1ml, 3ml, 6ml, 10ml, 20ml and 30ml sizes. The syringes will be imported in bulk in non-sterile form. They will undergo sterilization and further packaging into surgical kits in the United States before entering the market. The syringes are intended to be used without a needle for administering various drugs and contrast medium during medical procedures.
The applicable subheading for the Polycarbonate and Copolyester syringes will be 9018.31.0080, Harmonized Tariff Schedule of the United States (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: [s]yringes, with or without needles; parts and accessories thereof: [s]yringes with or without their needles: [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 at https://hts.usitc.gov/.
In your letter, you indicated that the United States Trade Representative (USTR) proposed including syringes of Chinese origin that are classified in subheading 9018.31.00, HTSUS, under the scope of the Section 301 remedy on August 1, 2024. It appears that you seek an exclusion of your products from the proposed Section 301 duties. Regarding this request, you need to contact the USTR by visiting their website at https://ustr.gov/about-us/contact-us.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division