Alyson Schroer
Scarbrough International
7280 NW 87th Terrace, Suite 300 Kansas City, MO  64153

RE: The tariff classification of a cold pack from China

Dear Ms. Schroer:

In your letter dated made on behalf of your client MaxQ Research dated February 7, 2023, and an earlier letter dated January 6, 2022 (N330126) which we returned to you, you requested a tariff classification ruling.

The item item that is the subject of this letter is a cold pack (PCM5).  Although you have also submitted another item with this ruling request, the vacuum insulated panels, they will be addressed under a separate cover. 

Based on the information you have provided, the PCM5 is composed of a clear plastic shell that contains a yellowish liquid that is said to contain: tetradecane, dodecane, cetane, pentadecane, and other trace chemicals.   It is intended to be used as part of a MaxQ Research product called the MaxPlus PharmaPack SP.  The MaxPlus PharmaPack SP is a thermal control transport system designed for the for the short term (36-48 hours) transport of cool temperature sensitive items (e.g. medications, blood).

The applicable subheading for the cold pack (PCM5) will be 3824.99.9397, Harmonized Tariff Schedule of the United States (HTSUS), which provides for for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 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 at

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3824.99.9397, 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 3824.99.9397, 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, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at and, respectively.

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 (EPA).  Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to [email protected], or by visiting their website at

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist John Bobel at [email protected].


Steven A. Mack
National Commodity Specialist Division