Mr. Robert Silverman
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP
399 Park Avenue, 25th Floor
New York, NY 10022-4877
RE: The tariff classification of "Bibag" from France
Dear Mr. Silverman:
In your letter received June 17, 2016, on behalf of your client, Fresenius Medical Care Renal Therapies Group, LLC, you requested a classification ruling on "Bibag." You have stated that the product at issue consists of a polyamide/polyethylene bag filled with sodium bicarbonate powder. The "Bibag" is secured to a "Bibag" connector for use with a hemodialysis machine. The sodium bicarbonate is automatically mixed with water to produce a saturated solution, which is used for hemodialysis. The "Bibag" is available in both 650 gram and 900 gram sizes. Your submission indicates that sodium bicarbonate power is the only substance contained in the disposable polyamide/polyethylene bag.
Sodium bicarbonate is specifically provided for under subheading 2836.30.00, Harmonized Tariff Schedule of the United States (HTSUS).
GRI 5(b) states that:
Subject to the provisions of rule 5(a) above, packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision does not apply when such packing materials or
packing containers are clearly suitable for repetitive use.
The polyamide/polyethylene bags are merely single-use, disposable containers for the conveyance and storage of the sodium bicarbonate powder, even if they are specially shaped to be connected for use with a hemodialysis machine, it does not alter the classification of the good pursuant to GRI 1.
The applicable subheading for "Bibag" will be 2836.30.0000, HTSUS, which provides for Carbonates; peroxocarbonates (percarbonates); commercial ammonium carbonate containing ammonium carbamate: Sodium hydrogencarbonate (Sodium bicarbonate). The general rate of duty will be free.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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.
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 Nuccio Fera at [email protected].
Steven A. Mack
National Commodity Specialist Division