CLA-2-84:OT:RR:NC:1:120

Ms. Amanda Tolbert
Mylan Technologies
781 Chestnut Ridge Road
Morgantown, WV 26505

RE: The tariff classification of a packaging system from Germany

Dear Ms. Tolbert:

In your letter dated October 1, 2012 you requested a tariff classification ruling.

The merchandise under consideration includes a packaging system used for the delivery of transdermal drugs to patients. The machines contributing to the packaging system include a die cutting and pouching machine, a transfer conveyor and a cartoner.

The machines of the complete packaging system are a functional unit that will be imported together as one shipment. They connect together to contribute to a clearly defined function of packaging (forming, filling and sealing).

The die cutting and pouching machine seals the individual transdermal patches containing a predefined dosage of an active pharmaceutical ingredient. A roll of drug laminate and a roll of pouching material are placed in the die cutting and pouching machine to cut individual patches of a pre-determined size and laminate them to form, fill and seal the pouch. A specified number of pouches are conveyed in an empty carton with the appropriate product literature to the cartoner to be sealed.

The applicable subheading for the packaging system will be 8422.30.9185, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other, Other, Machinery for forming, filling, and sealing bags/pouches. 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 Denise Faingar at (646) 733-3010.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division