CLA-2-39:OT:RR:NC:N4:415

Mr. John F. Vakiener
Thermo Fisher Scientific
75 Panorama Creek Drive
Rochester, NY 14625

RE: The tariff classification of plastic vials, vials packaged with lids, and lids from Mexico.

Dear Mr. Vakiener:

In your letter dated February 7, 2018, you requested a tariff classification ruling on four items.

These items fall under the brand name Samco™ Clicktainer™.

The first group of items under consideration is the vials and vials packaged with lids, specifically item numbers 9000-5300 (90 ml vial only), 12000-5300 (120 ml vial only), and 90ORG53-1000 (assembled 90 ml vial and lid). Both the 120 ml and 90 ml volume vials come with a 53 mm opening for ease of sample collection and management. The caps (also referred to as lids) produce a visual, audible, and tactile indication of full closure. Lids and vials could be packaged separately or pre-assembled. There are knurls (a series of small ridges) on the caps and base of the vials for easier handling with gloved hands. These specimen containers are suited for the collection and transport of fluids, solids, and powders and are compatible with hospital pneumatic / vacuum transport systems. They can come sterilized or non-sterile and are available with or without labels. The vials are made of clear polypropylene resin. The closure caps, also polypropylene, may be color-coded. The second item is described as a “53 mm CLK CAP WHITE NS.” This is a white polypropylene cap intended as a closure for the 53 mm vials.

The applicable subheading for the Samco™ Clicktainer™ vials and vials packaged with lids, item numbers 9000-5300, 12000-5300, and 90ORG53-1000, will be 3926.90.9910, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [l]aboratory ware.” The column one, general rate of duty is 5.3 percent ad valorem.

The applicable subheading for the lids, product name “53 mm CLK CAP WHITE NS,” will be 3923.50.0000, HTSUS, which provides for “[a]rticles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: [s]toppers, lids, caps and other closures.” The column one, general rate of duty is 5.3 percent 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 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 Kristopher Burton at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division