CLA-2 OT:RR:CTF:EMAIN H324542 PF
U.S. Customs and Border Protection
Pharmaceuticals, Health, and Chemicals Center of Excellence and Expertise
10980 Interstate 29
Pembina, ND 58271
Attn: Nancy L. Anderson, Import Specialist
RE: Request for Internal Advice; Classification of Disposable Plastic Connectors
Dear Ms. Anderson:
This letter is in reference to your request for Internal Advice, on behalf of Elcam Medical, Inc., regarding the tariff classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) for disposable plastic connectors. Our decision follows.
FACTS:
The subject products are eight disposable plastic connectors. Model number 07103300/S is a sterile, recirculating female connector with a cap in a blister pack. It is connected to a blood line for dialysis and allows rinsing of the line (tubing) prior to dialysis treatment. Model no. 40608000L is a soft elbow adaptor for tubing, for use in an IV (intravenous) line assembly used in an infusion/transfusion application. Model 33008100L is an asymmetrical “Y” 2-way connector for tubing in an intravenous line. Model nos. 51908500L, 50608500L, 38308500L are male luer lock connectors for different sizes of tubing. Model no. 506L/382L is a male luer lock connector with a vented cap for tubing. Model no. 31608100L is a double female luer lock connector connecting two male luers.
All of the connectors except for connector model no. 07103300/S, which is a blister packaged and sterilized finished product), are non-sterile items, imported in bulk. According to the importer, customers buy the non-sterile bulk, components and assemble them with tubing and other components to make finished products identified as disposable medical devices. Customers sterilize the products and sell to hospitals and clinics for use on patients and medical equipment such as dialysis machines. The configuration of the disposable medical device is the responsibility of the customer purchasing the components. The connectors may be used in different applications and are interchangeable with other machines and devices. For example, a male luer lock connector may be used on an IV set to administer solution in the patient’s vein or may be used in combination with a dialysis set.
In addition, the importer states that their “components are mainly used on a) dialysis (application and description are within the same scope) b) IV solutions (bags or bottles) and c) transfusion (pump).” The importer contends that the connectors are classified in heading 9018, as parts of medical devices.
ISSUE:
Whether the disposable plastic connectors are classified in heading 3917, HTSUS, as fittings for tubes, or in heading 9018, HTSUS, as parts of medical devices.
LAW AND ANALYSIS:
Merchandise imported into the United States is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation (AUSRIs). The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes.
GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.
The HTSUS provisions under consideration in this case are as follows:
3917 Tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges), of
plastics:
9018 Instruments 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:
Section XV, Note 2, provides, in relevant part:
Throughout the tariff schedule, the expression “parts of general use means:
Articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metals…”
(Emphasis in original).
Note 1(f) to Chapter 90 states the following:
This chapter does not cover:
Parts of general use, as defined in note 2 to section XV, of base metal (section XV) or similar goods of plastics (chapter 39);
Note 2(b) to Chapter 90 provides as follows:
Subject to note 1 above, parts and accessories for machines, apparatus, instruments or articles of this chapter are to be classified according to the following rules:
. . .
(b) Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading 9010, 9013 or 9031) are to be classified with the machines, instruments or apparatus of that kind;
Note 8 to chapter 39 states, in pertinent part:
8. For the purposes of heading 3917, the expression “tubes, pipes and hoses” means hollow products, whether semimanufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example, ribbed garden hose, perforated tubes)….
In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the HTSUS at the international level, may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989).
The EN to 39.17 states, in pertinent part:
This heading also includes fittings of plastics for tubes, pipes and hoses (for example, joints, elbows, flanges).
The EN for heading 73.07 provides:
This heading covers fittings of iron or steel, mainly used for connecting the bores of two tubes together, or for connecting a tube to some other apparatus, or for closing the tube aperture. This heading does not however cover articles used for installing pipes and tubes but which do not form an integral part of the bore (e.g., hangers, stays and similar supports which merely fix or support the tubes and pipes on walls, clamping or tightening bands or collars (hose clips) used for clamping flexible tubing or hose to rigid piping, taps, connecting pieces, etc.) (heading 73.25 or 73.26).
The connection is obtained:
by screwing, when using cast iron or steel threaded fittings;
or by welding, when using butt welding or socket welding steel fittings. In the case of butt welding, the ends of the fittings and of the tubes are square cut or chamfered;
or by contact, when using removable steel fittings.
This heading therefore includes flat flanges and flanges with forged collars, elbows and bends and return bends, reducers, tees, crosses, caps and plugs, lap joint stub ends, fittings for tubular railings and structural elements, off sets, multi branch pieces, couplings or sleeves, clean out traps, nipples, unions, clamps and collars.
Explanatory Note (C) to Section XV provides:
In general, identifiable parts of articles are classified as such parts in their appropriate headings in the Nomenclature…
However, parts of general use (as defined in Note 2 to this section) presented separately are not considered as parts of articles, but are classified in the headings of this Section appropriate to them. This would apply, for example, in the case of bolts specialised for central heating radiators or springs specialized for motor cars. The bolts would be classified in heading 73.18 (as bolts) and not in heading 73.22 (as parts of central heating radiators). The springs would be classified in heading 73.20 (as springs) and not in heading 87.08 (as parts of motor vehicles).”
Accordingly, we must determine whether the instant connectors are “parts of general use,” as defined in Note 2 to Section XV (i.e., articles of plastic similar to those that are prima facie classifiable under heading 7307, HTSUS) before we may address whether the connectors are classifiable in Chapter 90, HTSUS, as parts of medical devices. Consequently, if the connectors are classifiable as “parts of general use,” classification in heading 9018, HTSUS, is precluded by Note 1(f) to Chapter 90.
Heading 7307, HTSUS, provides eo nomine for tube fittings of iron or steel. Moreover, the EN to heading 73.07 states that the heading covers fittings designed to connect the bores of two tubes together, or for connecting a tube to some other apparatus. The instant connectors are fittings that connect to tubing, including for use in an IV line assembly used in an infusion/transfusion application or connected to a blood line for dialysis. The instant connectors are described by the plain language of heading 7307, HTSUS, as tube fittings. Moreover, the connectors meet the description of the EN to heading 73.07 as they connect two tubes together. As such, they meet the definition of “parts of general use” in accordance with Note 2(a) to Section XV, HTSUS.
CBP has previously determined that goods in such general classes as bolts, springs, mountings, fittings and similar articles are “parts of general use,” even if specialized for use with specific products. The unique characteristics of the connectors do not negate this concept. For example, in Headquarters Ruling (“HQ”) H023503 (Sept. 16, 2009), CBP determined that plastic valve fitting bodies were “parts of general use” for the purposes of classification even though they were designed for and suitable for use solely with the importer’s own finished valves. In HQ 966412 (Sept. 3, 2003), and HQ 966789 (June 21, 2004), CBP arrived at the same conclusion with regard to “oil bolts” for motorcycle brake transmissions. While the oil bolts therein had a specialized feature in that they were hollow and had a hole in their stem to enable the unimpeded passage of fluids, the oil bolts were still, in essence, screws--cylinder shaped metal objects that have threads and a head designed or adapted for tightening by an instrument. As such, they were classifiable in heading 7318, HTSUS. The fact that the oil bolts allowed for the passage of fluids did not negate that they had a significant fastening function. In Honda of America Manufacturing, Inc. v. United States, 625 F. Supp. 2d 1324 (CIT 2009), the CIT affirmed CBP’s approach in HQ 966412 and HQ 966789, concluding that the term “screw” defined the articles at issue and that the oil bolts were correctly classified in heading 7318, HTSUS.
Notably, in HQ H282279 (July 6, 2017), CBP classified a branch pipe tee that connected between a brake pipe and vent valve but also regulated and directed air flow from a brake pipe to a vent valve, in heading 7307, HTSUS. CBP noted that directing of air from the brake pipe to the vent valve was predicated on the branch pipe’s joinder of these two components. In this case, the fact that the connectors allow for rinsing of tubing prior to dialysis or for an IV line assembly does not preclude their classification in heading 7307, HTSUS. Neither does the fact that the connectors are designed for use with dialysis machines prevent them from qualifying as parts of general use. As a result, we find that the connectors are parts of general use and meet the definition of tube fittings of heading 7307, HTSUS.
We note that “parts for general use” of heading 7307, HTSUS, extend to those parts made of plastic. The instant connectors, as goods of plastic similar to those of heading 7307, HTSUS, are “parts of general use” as defined in Section XV, Note 2, HTSUS. Explanatory Note (C) to Section XV, HTSUS, supports this view. Accordingly, the connectors fall within the terms of “parts for general use” of Chapter 39, HTSUS.
CBP has previously classified plastic connectors in heading 3917, HTSUS. In New York Ruling (“NY”) N172176 (July 19, 2011), the article at issue was a plastic double-barbed connector used to connect a tube portion of a medical suction adaptor to tubing that was connected to a vacuum pump. In NY N172176, CBP found that the plastic double barbed connector was classified in heading 3917, HTSUS. Moreover, in NY I81198 (May 2, 2002), the articles at issue were plastic medical tubing connectors, imported as straight connectors and Y-connectors. The connectors were described as used to connect tubing in general surgery applications and were of a kind used in other than medical applications. CBP classified the plastic tubing connectors in heading 3917, HTSUS.
Similarly, the instant connectors are described by heading 3917, HTSUS, which provides for “Tubes, pipes and hoses and fittings therefore (for example, joints, elbows, and flanges) of plastics.” Because we find that the connectors are “parts of general use” within the meaning of Section XV Note 2, they are excluded from classification under heading 9018, HTSUS pursuant to Note 1(f) to Chapter 90.
HOLDING:
By application of GRI 1 (Note 2(a) to Section XV), the connectors are classified in heading 3917, HTSUS, and are specifically provided for in subheading 3917.40, HTSUS, as “Tubes, pipes and hoses, and fittings therefore (for example, joints, elbows, and flanges) of plastics: Fittings.” The column one, general rate of duty is 5.3% 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 on the internet at www.usitc.gov/tata/hts/.
You are to provide this decision to the internal advice requester no later than 60 days from the date of the decision. At that time, the Office of International Trade, Regulations and Rulings, will make the decision available to CBP personnel, and to the public on the CBP Home Page at www.cbp.gov, by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
for Yuliya A. Gulis, Director
Commercial and Trade Facilitation Division