CLA-2-90:OT:RR:NC:N3 135
Jack Chang
JFS CHB Inc.
385 S Lemon Ave, # E180 Walnut, CA 91789
RE: The tariff classification of irrigation syringes from China
Dear Mr. Chang:
In your letter dated August 23, 2023, you requested a tariff classification ruling on behalf of Amsino International Inc. Additional information was provided by email on August 24, August 25, and September 7, 2023.
Item numbers AS015, AS115, and AS011 are AMSure® 60 ml irrigation syringes, intended for irrigation only. Item number AS015 is a thumb control ring syringe, measuring 7.25” (L) x 1.75” (W) x 2.5” (H). Item number AS115 is a flat top piston syringe, measuring 7.5” (L) x 1.25” (W) x 2.5” (H). Item number AS011 is a bulb irrigation syringe, measuring 8” (L) x 1.75” (W) x 2.5” (H). Item numbers AS015 and AS115 also include a tip adapter and protector cap. All three syringes are imported empty and are not prefilled with any fluids. They are sterilized prior to importation and packaged in poly pouches. The syringes are intended for use with irrigation fluids (e.g., water) for the flushing of a urinary catheter or the bladder. They may also be used for enteral flushing/feeding solutions. They are not indicated for intravenous, intramuscular, or subcutaneous injections. They are to be used only by licensed medical professionals in hospitals, surgery centers, etc.
In your letter, you propose that Item numbers AS015 and AS115 be classified in subheading 9018.31.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hypodermic syringes with or without needles. However, these syringes are intended for irrigation only, not for injection. Therefore, this subheading will not apply.
The applicable subheading for Item numbers AS015, AS115, and AS011 will be 9018.31.0080, which provides for “… [s]yringes, with or without needles; parts and accessories thereof: [s]yringes, with or without their needles: [o]ther.” The general 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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 CFR 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, please contact National Import Specialist Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division