CLA-2-85:OT:RR:NC:N4:410
Kevin M. O’Donnell
Spencer Health Solutions
2501 Aerial Center Parkway
Morrisville, NC 27560
RE: The tariff classification of a medication reminder refill cartridge from China.
Dear Mr. O’Donnell:
In your letter dated February 13, 2020, you requested a tariff classification ruling.
The product under consideration is identified as the Refill Cartridge, which is a part for the Spencer Medication Reminder System (Spencer).
The Spencer is a household appliance containing electric motors intended to provide users pre-packed medications by a pharmacist on a pre-determined dosing schedule.
The Refill Cartridge is a plastic part specially designed for the Spencer and used by pharmacies to hold a spooled strip of pill pouches to be dispensed by the Spencer. It is rectangular in shape and measures approximately 14.5 cm by 18.5 cm by 8.6 cm.
The applicable subheading for the Refill Cartridge will be 8509.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof: Parts: Other: Other: Other”. The rate of duty will be 4.2 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8509.90.5500, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8509.90.5500, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 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 Michael Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division